SWITCHMEN'S UNION v. SOUTHERN PACIFIC COMPANY

No. 15148.

253 F.2d 81 (1957)

SWITCHMEN'S UNION OF NORTH AMERICA, General Adjustment Committee — Southern Pacific Company, Switchmen's Union of North America; Neil T. Speirs, as International Vice President, Switchmen's Union of North America, and John R. Burge, as General Chairman and as Acting Chairman, Switchmen's Union of North America, Appellants, v. SOUTHERN PACIFIC COMPANY, a corporation, Brotherhood of Railroad Trainmen, a voluntary association; The General Committee, Brotherhood of Railroad Trainmen, a voluntary association; J. J. Corcoran, as General Chairman, General Committee, Brotherhood of Railroad Trainmen; J. E. Teague, as Secretary, General Committee, Brotherhood of Railroad Trainmen, Appellees.

United States Court of Appeals Ninth Circuit.

On Rehearing March 5, 1958.


Attorney(s) appearing for the Case

Carroll, Davis & Burdick, Roland C. Davis, San Francisco, Cal., Anderson, Franklin & O'Brien, Portland, Or., Clifford D. O'Brien, Portland, Or., for appellants.

Burton Mason, W. A. Gregory, San Francisco, Cal., for Southern Pacific Company.

Hildebrand, Bills & McLeod, D. W. Brobst, Oakland, Cal., for respondent union.

Before DENMAN, Chief Judge, and POPE and CHAMBERS, Circuit Judges.


DENMAN, Chief Judge.

Switchmen's Union of North America, hereafter the Union, appeals from a decision of the district court on a complaint for declaratory relief filed by the Southern Pacific Company, hereafter the Company, holding valid a dues checkoff agreement between the Company and the Brotherhood of Railroad Trainmen, hereafter the Brotherhood. The Union in its cross complaint contended that this check-off agreement is invalid insofar as it is applicable to...

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