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HUDSON v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 170.

89 S.E.2d 441 (1955)

242 N.C. 650

Edwin Courtney HUDSON; Luther Jefferson DeVane; William Rush Chisholm; Joe Marion Tilley; Herbert Lewis Darden; Thomas Alfred Shepard, Jr.; Irvin Eldridge Rackley; John Hubert Shannon; Clark Weldon Poisson; John Monroe Binkley; for and on behalf of Themselves and all Other Employees of Atlantic Coast Line Railroad Company in North Carolina With a Common or General Interest, v. ATLANTIC COAST LINE RAILROAD COMPANY; International Association of Machinists; International Brotherhood of Boilermakers, Iron Ship Builders & Helpers of America; International Brotherhood of Blacksmiths, Drop Forgers and Helpers; Sheet Metal Workers International Association; International Brotherhood of Electrical Workers; Brotherhood of Railway Carmen of America; International Brotherhood of Firemen, Oilers, Helpers, Roundhouse and Railway Shop Laborers; Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees; Brotherhood of Maintenance of Way Employees; the Order of Railroad Telegraphers; Brotherhood of Railroad Signalmen of America; Hotel and Restaurant Employees and Bartenders International Union; American Train Dispatchers Association.

Supreme Court of North Carolina.

October 12, 1955.

Attorney(s) appearing for the Case

Lester P. Schoene, Milton Kramer, Washington, D. C., and George Rountree, Jr., Wilmington, for defendant unions, appellants.

L. P. McLendon, Thornton H. Brooks, Greensboro, and R. S. McClelland, Wilmington, for plaintiffs, appellees.

M. V. Barnhill, Jr., and Alan A. Marshall, Wilmington, for defendant Atlantic Coast Line R. Co., appellee.

BOBBITT, Justice.

Is a union shop agreement, complying in all respects with the provisions of the Union Shop Amendment to the Railway Labor Act, Act of Congress, Jan. 10, 1951, ch. 1220, 64 Stat. 1238, 45 U.S.C.A. § 152, Eleventh, hereinafter called Union Shop Amendment, void under the North Carolina statute, sometimes called the Right to Work Act, Session Laws of 1947, ch. 328, G.S. § 95-78 et seq., hereinafter...

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