Koury v. Elastic Stop Nut Corp. of America

GOODRICH, Circuit Judge.

This case presents a problem similar to the case of Gauweiler v. Elastic Stop Nut Corporation of America, 3 Cir., 162 F.2d 448 decided this day.

The petitioner, Koury, was first employed by the respondent corporation on May 26, 1941. On November 6, 1941 the respondent and the then bargaining representative, an independent local union, entered into a collective bargaining agreement. This agreement had a lay-off provision providing that in case of lay-off the officers of the company and union should determine the persons to be laid off. On August 3, 1943, petitioner was…