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DELPRO CO. v. BROTH. RY. CARMEN OF U. S. & CANADA

No. 81-2475.

676 F.2d 960 (1982)

DELPRO COMPANY v. BROTHERHOOD RAILWAY CARMEN OF the UNITED STATES AND CANADA, AFL-CIO; Local Lodge of Brotherhood Railway Carmen of the United States and Canada, AFL-CIO; and National Mediation Board of the United States of America. John TAYLOR, individually and as representative of Delpro Company, Dan Lentz, individually and as representative of Delpro Co., Dan Miller, individually and as representative of Delpro Co. v. Jack WEATHERLOW, individually and Vice Chairman, Brotherhood Railway Carmen Local Affiliate, Delpro Company, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 13, 1982.

Attorney(s) appearing for the Case

William J. Wade (argued), Richard G. Elliott, Jr., Richards, Layton & Finger, Wilmington, Del., Ray J. Schoonhoven, Valerie J. Hoffman, Douglas A. Darch, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., for appellant Delpro Co.

Erick J. Genser (argued), Edward J. Hickey, Jr., Michael S. Wolly, Thomas A. Woodley, Mulholland & Hickey, Washington, D. C., for appellee Brotherhood Railway Carmen.

Joseph J. Farnan, U. S. Atty., Wilmington, Del., J. Paul McGrath, Asst. Atty. Gen., Anthony J. Steinmeyer, Daniel J. Metcalfe (argued), Attys., Civ. Div., Dept. of Justice, Washington, D. C., for appellee National Mediation Bd.

Before GIBBONS, SLOVITER and BECKER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This appeal arises out of a labor dispute involving a wholly owned subsidiary of a company which is itself owned primarily by a group of railroad companies. Based upon this corporate relationship and the services performed by the appellant, the district court found it to be a "carrier" as defined in the Railway Labor Act, 45 U.S.C. § 151 et seq., and thus subject to the jurisdiction

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