Southern Pacific Co. v. Switchmen's Union

This is an action for declaratory relief brought by the plaintiff, Southern Pacific Company, against the defendants Switchmen’s Union of North America (hereinafter referred to as Switchmen’s Union) and the Brotherhood of Railroad *920 Trainmen (hereinafter referred to as the Trainmen’s Union). This court has jurisdiction of the subject matter because this suit arises under a law regulating commerce, the Railway Labor Act, Title 45 U.S.C.A. §§ 151 et seq., particularly Section 2, Eleventh, of said Act, 45 U.S.C.A. § 152 , Eleventh. The complaint in said action alleges that the amount involved in controversy exceeds $3,000.

The defendants have moved for summary judgment and the Court will dispose of this matter on the record before it. The only issue presented is the legal one of whether under the Railway Labor Act, 45 U.S.C.A. § 151 et seq., an agreement was lawfully entered into between the Southern Pacific and the Trainmen’s Union, which agreement provides for the deduction of dues of members of the Trainmen’s Union who are in the employ of the Southern Pacific, notwithstanding the fact that certain members of the Trainmen’s Union are working as yardmen, and therefore are…