No specific laws identified for this ruling.
The court granted summary judgment in favor of the Brotherhood of Locomotive Engineers, holding that Article XIII service fees charged to non-member engineers do not violate the Railway Labor Act §152 Eleventh(c) and do not breach the duty of fair representation.
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R.C. 2307.91 et seq., Ohio Asbestos Reform Act, Federal Employers' Liability Act ("FELA"), 45 U.S.C. Sec. 51, et. seq., railroad worker, competent medical authority, substantial occupational exposure to asbestos. Viewed in a light most favorable to claimant pursuant to R.C. 2307.92, the trial court properly denied railroad employers' motion for administrative dismissal of employee's claim under the Ohio Asbestos Reform Act and FELA. The Ohio Asbestos Reform Act's prima facie requirements are procedural, not substantive, in nature. Appellee, a smoker suffering from cancer who claims railroad asbestos exposure during employment is a substantial cause of his impairment, must provide substantiation from a competent medical authority. Asbestos exposure is not required to be the sole or predominant cause, but a "predominate" cause, i.e., a substantial factor. A trial court is not precluded from considering supplemental medical evidence offered to support the prima facie case as the rules of evidence are relaxed in administrative proceedings.
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