Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees v. Atlantic Coast Line Railroad Company

PARKER, Chief Judge.

This is an appeal from a judgment for defendant in an action brought by a Railroad Brotherhood against the Atlantic Coast Line Railroad Company to enforce an order of the National Railroad Adjustment Board that a discharged employee, one B. B. Phillips, Jr., be restored to his former position with the company with seniority unimpaired and with pay for time lost as a result of his discharge. The Board, over the dissent of five of its members, had held that Phillips had been discharged by the company in violation of the terms of a collective bargaining agreement between it…