United R.R. Operating Crafts v. Northern Pac. Ry. Co. Brotherhood of R.R. Trainmen v. United R.R. Operating Crafts

Good Law
208 F.2d 135·33 L.R.R.M. (BNA) 2146
United States Court of Appeals for the Ninth CircuitMarch 15, 195413539_1California1,217 words

Opinion

Opinion

Goodman, J.

Since June 1, 1924, the Brotherhood of Railroad Trainmen has been the exclusive representative of the employees of the Northern Pacific Railway Company for the purpose of collective bargaining. A collective bargaining agreement has been in force between the Brotherhood and the Railway since that time.

After Congress amended Section 2 of the Railway Labor Act, 45 U.S.C.A. § 152 , to permit carriers and labor organizations to enter into so-called Union Shop Agreements, 45 U.S.C.A. § 152 , eleventh, the Brotherhood and the Railway amended their collective bargaining agreement to provide for a union shop as permitted by the amendment to the statute. This amendment required all employees within the crafts and classes represented by the Brotherhood, as a condition to employment, and within a specified time, to join and maintain membership in the Brotherhood of Railroad Trainmen. The only employees exempted were those, who, as provided in Section 2-eleventh of the Railway Labor Act, 45 U.S.C.A. § 152 -eleventh (c), maintained membership in a labor organization “national in scope” which admitted to membership members of the classes to which the agreement was applicable.

The three…

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