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FELTER v. SOUTHERN PACIFIC COMPANY

No. 15644.

256 F.2d 429 (1958)

Marion S. FELTER, on behalf of himself and others similarly situated, Appellant, v. SOUTHERN PACIFIC COMPANY, a corporation; 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.

May 12, 1958.

Attorney(s) appearing for the Case

Carroll, Davis, Burdick & McDonough, San Francisco, Cal., for appellant.

A. Burton Mason, W. A. Gregory, H. S. Lentz, San Francisco, Cal., for Southern Pac. Co.

Hildebrand, Bills & McLeod, D. W. Brobst, Oakland, for Brotherood of Railroad Trainmen.

Before HEALY, FEE, and BARNES, Circuit Judges.

HEALY, Circuit Judge.

The Railway Labor Act, 45 U.S.C.A. § 152, grants the right of collective bargaining, the right of employees freely to join a recognized union, etc. Subsection "Eleventh (b)" of § 152, relevant here, provides, among other things, that any carrier and a labor organization shall be permitted "to make agreements providing for the deduction by such carrier or carriers from the wages of its or their employees in a craft or class and payment...

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