Wicks

By stipulation of the parties these two cases arising in California where appellants reside 1 were consolidated on this appeal since they involve the same issues arising out of ultimate facts similar in nature. The facts are not in dispute.

Each appellant has long been an employee of one of the appellee railroads here involved, Wicks since 1914, Jensen sixice 1917; each has been continuously so employed except for a short time during the First World War; each is presently able, ready and willing to continue his service; the railroads are willing to continue that employment; each appellant has “built up” through his period of employment certain valuable benefits in terms of seniority, retirement rights (including a pension for the remainder of their natural lives after attaining the age of 65), hospital and medical care for the rest of. their lives upon retirement at 65, and free railroad transportation in the United States, Canada and Mexico upon retirement. (The last named transportation privilege is granted by grace of company policy and not by right of any employment contract.) By reason of each appellant’s refusal to join the union representing the appropriate bargaining unit…