Legal Opinion · Dissent

Baltimore & Ohio Railroad Company v. United Railroad Workers Division of Transport Workers Union of America

Court of Appeals for the Second Circuit

Decided November 12, 1959No. 354, Docket 25757Published

1DissentClark, Chief Judge

In granting the injunction under appeal, which ordered the appellant railroads to reinstate their discharged diesel tug oilers pending resolution of the instant labor dispute by the appropriate statutory agency, Judge Bryan was particularly careful and thorough in supporting his action on grounds stated in a lengthy and reasoned opinion. Therein he set forth his basic conclusions that the precipitous abolition of these jobs by the railroads — with less than five days’ effective notice to the unions involved — was in violation of the Railway Labor Act, 45 U.S.C. § 151 et seq., and that…

2Cases cited14 opinions

  1. Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
  2. Virginian Railway Co. v. System Federation No. 40Supreme Court of the United States · 1937
  3. Brotherhood of Railroad Trainmen v. Chicago River & Indiana RailroadSupreme Court of the United States · 1957
  4. Tunstall v. Brotherhood of Locomotive Firemen & EnginemenSupreme Court of the United States · 1945
  5. Brotherhood of Railroad Trainmen v. HowardSupreme Court of the United States · 1952

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