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OTTEN v. STATEN ISLAND RAPID TRANSIT RAILWAY CO.

No. 193, Docket 23821.

229 F.2d 919 (1956)

Theodore F. OTTEN, Plaintiff-Appellant, v. The STATEN ISLAND RAPID TRANSIT RAILWAY COMPANY, Defendant-Appellee. International Brotherhood of Electrical Workers, Intervenor-Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 6, 1956.

Attorney(s) appearing for the Case

Leone Pecoraro, New York City, for plaintiff-appellant.

Sydney R. Prince, Jr., Baltimore, Md., Robert Schwebel, John C. Avery, New York City (E. H. Burgess, Baltimore, Md., of counsel), for defendant-appellee, Staten Island Rapid Transit Ry. Co.

Milton Kramer, Washington, D. C., Charles S. Corben, New York City, Louis Sherman, Washington, D. C., for intervenor-defendant-appellee.

Before MEDINA, HINCKS and WATERMAN, Circuit Judges.

PER CURIAM.

Obedient to his sincere religious convictions, plaintiff refused to join the International Brotherhood of Electrical Workers, intervenor herein which had entered into a union shop agreement with the defendant, plaintiff's former employer. He brought this suit to avert his then impending discharge based upon such refusal, his theory being that the 1951 amendment to the Railway Labor Act, 45 U.S.C.A. § 152...

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