Olive

Appellee brought an action against appellants for damages in the sum of $64,742.08 for violation of the agreement hereafter described. Appellants answered, a trial •was had, a verdict was rendered against appellants for $8,675.40, and judgment was entered on the verdict. From that judgment this appeal is prosecuted.

Appellee was an employee of appellants from May 9, 1925, to October 20, 1936. He was a carman — an inspector and repairer of cars. On February 25, 1934, he was injured while at work and was thereby disabled. lie therefore applied for and obtained leaves of absence covering the period from February 25, 1934, to May 25, 1936. On and after June 3, 1934, he was a member of the Brotherhood of Railway Carmen of America. The Brotherhood was the duly authorized, bargaining agency of its members. On November 1, 1934, it made an agreement with appellants for the benefit of its members. The agreement was in writing and was in effect at all times after November 1, 1934. Its pertinent provisions were:

“Rule 37. No employee shall be disciplined without a fair hearing by a designated officer of the carrier. Suspension in proper cases pending a hearing, which shall be prompt, shall…