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NASHVILLE, C. & ST. L. RY. v. RAILWAY EMPLOYEES' DEPT., ETC.

No. 7524.

93 F.2d 340 (1937)

NASHVILLE, C. & ST. L. RY. v. RAILWAY EMPLOYEES' DEPARTMENT OF AMERICAN FEDERATION OF LABOR et al.

Circuit Court of Appeals, Sixth Circuit.

December 7, 1937.

Attorney(s) appearing for the Case

William H. Swiggart, of Nashville, Tenn. (Seth M. Walker, of Nashville, Tenn., on the brief), for appellant.

Frank L. Mulholland, of Toledo, Ohio (Will R. Manier, Jr., of Nashville, Tenn., and Clarence M. Mulholland and Willard H. McEwen, both of Toledo, Ohio, on the brief), for appellees.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The Railway Labor Act, as amended June 21, 1934, U.S.C., title 45, c. 8, 45 U. S.C.A. §§ 151-158, 160-162, establishes the machinery by which collective bargaining between interstate carriers and the several crafts or classes of their employees may be carried on through freely selected representatives of both parties. Section 1, Fifth, of the act, 45 U.S.C.A. § 151(5), defines the term "employee" to include:

"Every person...

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