ELLIS v. BROTH. OF RY., AIRLINE & S. S. CLERKS

Nos. 80-5562, 80-5603.

685 F.2d 1065 (1982)

Howard ELLIS, et al., Plaintiffs/Appellants, v. BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES, et al., Defendants/Appellees. Allen FAILS, et al., Plaintiffs/Appellants, v. BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES, et al., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 22, 1982.

Decided September 3, 1982.


Attorney(s) appearing for the Case

Michael E. Merrill, San Diego, Cal., for Ellis et al.

Joseph Rauh, Laurence Gold, Washington, D. C., argued, for Broth. of Railway, et al.; Joseph L. Rauh, Jr., Rauh, Silard & Lichtman, Washington, D. C., William J. Donlon, Rockville, Md., on brief.

Marsha S. Berzon, San Francisco, Cal., J. Albert Woll, Washington, D. C., for amicus curiae.

Before PREGERSON and ALARCON, Circuit Judges, and WHELAN, District Judge.


PREGERSON, Circuit Judge:

BACKGROUND

The Railway Labor Act, as amended in 1951, permits employers engaged in interstate rail or air commerce to include in collective bargaining contracts either a union shop or an agency fee provision. Railway Labor Act, § 2, subd. 11, 45 U.S.C. § 152, subd. 11 (hereafter "Section 2, Eleventh"). A union shop provision requires employees to join the union that represents their craft or class. 45 U.S.C. § 152...

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