SOUTHERN PACIFIC CO. v. SWITCHMEN'S UNION OF NORTH AMERICA

No. 19438.

356 F.2d 332 (1965)

SOUTHERN PACIFIC COMPANY, a corporation, Order of Railway Conductors and Brakemen, a voluntary association, General Committee of Adjustment, Order of Railway Conductors and Brakemen, a voluntary association, G. P. Lechner, General Chairman, Order of Railway Conductors and Brakemen, Brotherhood of Railroad Trainmen, a voluntary association, General Committee, Brotherhood of Railroad Trainmen, a voluntary association, J. J. Corcoran, General Chairman, Brotherhood of Railroad Trainmen, Appellants, v. SWITCHMEN'S UNION OF NORTH AMERICA, AFL-CIO, a voluntary association, et al., Appellees.

United States Court of Appeals Ninth Circuit.

On Rehearing February 21, 1966.


Attorney(s) appearing for the Case

William R. Denton, Waldron A. Gregory, San Francisco, Cal., for appellant Southern Pac. Co.

Warren H. Saltzman, Littler, Mendelson & Saltzman, San Francisco, Cal., for appellants Order of Ry. Conductors, etc.

Clifton Hildebrand, Hildebrand, Bills & McLeod, Oakland, Cal., for appellants Brotherhood of Ry. Trainmen, etc., and Corcoran.

Clifford D. O'Brien, Portland, Or., Ruth Weyand, Washington, D. C., for appellees.

Before ORR, MERRILL and BROWNING, Circuit Judges.


MERRILL, Circuit Judge:

At the heart of the dispute which we here face is the question of who shall be employed in the newly established yards of the Southern Pacific Company at City of Industry, California: the members of the Brotherhood of Railroad Trainmen (BRT), or the members of the Switchmen's Union of North America (SUNA). Under the terms of collective bargaining contracts between Southern Pacific and these unions, the members of BRT are entitled to such employment...

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