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BROTHERHOOD OF RAIL. SIGNAL. v. CHICAGO, M., ST. P. & P. R. CO.

No. 18468.

444 F.2d 1270 (1971)

BROTHERHOOD OF RAILROAD SIGNALMEN, Plaintiff-Appellee, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

June 28, 1971.

Attorney(s) appearing for the Case

Anthony W. Summers, Chicago, Ill., James P. Reedy, Thomas J. McDonnell, Chicago, Ill., for Chicago, Milwaukee, St. Paul and Pacific Railroad Co., defendant-appellant.

Lloyd S. Kupferberg, Chicago, Ill., Donald W. Bennett, Ross, Kraushaar & Bennett, Cleveland, Ohio, Schwartz, Cooper & Kolb, Chicago, Ill., for plaintiff-appellee, Brotherhood of Railroad Signalmen.

Before PELL and STEVENS, Circuit Judges, and MORGAN, District Judge.

STEVENS, Circuit Judge.

Defendant appeals from a judgment enforcing an award of the National Railroad Adjustment Board. The award is for $19,366.01, the full amount the claimant would have earned between November 30, 1962, and March 14, 1966, in work which the carrier wrongfully permitted a junior signalman to perform. Since the claimant had earned $15,447.00 in other work prior to his reinstatement, the carrier asserts a right to mitigation. More precisely, it contends...

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