Stroman

Plaintiff appeals from an adverse judgment upon a nonjury trial of an action to recover damages for her alleged wrongful discharge from the employ of defendant (Santa Fe) in violation of a collective bargaining agreement.

On a prior trial of the same action, with a jury, the lower court directed a verdict against Santa Fe. The judgment for plaintiff which followed was reversed on appeal, the appellate court stating: “There was a clear conflict in the evidence and in the reasonable inferences therefrom, as to whether plaintiff was discharged by the Santa Fe, or whether she just voluntarily left the employ. This conflict should have *420 been resolved by the jury.” (Stroman v. Atchison, T. & S.F. Ry. Co., 161 Cal.App.2d 151, 164 [ 326 P.2d 155 ].)

Plaintiff was employed by Santa Fe from 1943 through March 7, 1949. She was covered by a collective bargaining agreement which provided in article IV thereof that an employee could not be dismissed without a formal investigation and hearing. There was never any such investigation or hearing.

The appellate court opinion stated the crux of the action as follows: “The question in the present case is whether or not there is a conflict in…