Gunther

Gunther v. San Diego & Arizona Eastern Railway Co.

Good Law
161 F. Supp. 295·41 L.R.R.M. (BNA) 2845·1958 U.S. Dist. LEXIS 2368
United States District Court, Southern District of CaliforniaApril 15, 1958Civ. No. 2080California1,097 words

Opinion

lead Opinion

Weinberger, J.

Plaintiff has asked this Court for an order (1) “enforcing the award and order of the National Railroad Adjustment Board, First Division, in said Adjustment Board proceeding, Docket No. 33-531,” (2) “For an order of this Court requiring defendant to reinstate petitioner to active service on the ‘run’ to which his seniority entitles him under said Agreement,” (3) “For damages in the amount required to compensate petitioner for wages and other monetary contractual benefits lost by reason of the premises,”

Plaintiff alleges jurisdiction of this Court exists under the provisions of 45 U.S.C.A. § 153 (p), and this appears to be the sole ground upon which jurisdiction is urged.

Subsection (o) of said section provides that in case of an award by the Board in favor of petitioner, the division “shall make an order, directed to the carrier, to make the award effective” and subsection (p) provides that “if a carrier does not comply with an order of a division of the Adjustment Board within the time limit in such order, the petitioner * * may file in the District Court of the United States * * * a petition setting forth briefly the causes for which he claims relief, and the order of the…

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