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RUSSELL v. OGDEN UNION RAILWAY AND DEPOT COMPANY

No. 8603.

8 Utah 2d 63 (1958)

328 P.2d 306

W.B. RUSSELL, PLAINTIFF AND APPELLANT, v. THE OGDEN UNION RAILWAY AND DEPOT COMPANY, A CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

August 4, 1958.

Attorney(s) appearing for the Case

Niel R. Olmstead, Patterson & Kunz, Ogden, for appellant.

Bryan P. Leverich, M.J. Bronson, A.U. Miner, Marvin J. Bertoch, Salt Lake City, for respondent.

WADE, Justice.

Plaintiff, W.B. Russell, appeals from a jury verdict of no cause of action. The action seeks to recover damages for wrongful discharge of plaintiff as a switchman by the defendant, OUR&D Company, under a collective bargaining contract between the Company and the Brotherhood of Railway Trainmen.

Article VIII, Rule 38 of that agreement provides that:

"No yardman will be suspended or dismissed without first having a fair and impartial...

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