Felter

Felter v. Southern Pacific Co.

Good Law
256 F.2d 429·42 L.R.R.M. (BNA) 2220·1958 U.S. App. LEXIS 5037
United States Court of Appeals for the Ninth CircuitMay 12, 1958No. 15644California854 words

Opinion

Lead Opinion

Healy, J.

The Railway Labor Act, 45 U.S.C.A. § 152 , grants the right of collective bargaining, the right of employees freely to join a recognized union, etc. Subsection “Eleventh (b)” of § 152, relevant here, provides, among other things, that any carrier and a labor organization shall be permitted “to make agreements providing for the deduction by such carrier or carriers from the wages of its or their employees in a craft or class and payment to the labor organization representing the craft or class of such employees, of any periodic dues, initiation fees, and assessments * * * uniformly required as a condition of acquiring or retaining membership: Provided, That no such agreement shall be effective with respect to any individual employee until he shall have furnished the employer with a written assignment to the labor organization of such membership dues, initiation fees, and assessments, which shall be revocable in writing after the expiration of one year or upon the termination date of the applicable collective agreement, whichever occurs sooner.”

*430 Appellees Southern Pacific Company and the Brotherhood of Railroad Trainmen entered into a dues check off agreement such as is…

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