Barker v. Southern Pac. Co.

BONE, Circuit Judge.

Appellant appeals from an order of the lower court granting appellee’s motion for summary judgment pursuant to Rule 56, F.R.C.P., 28 U.S.C.A. The suit is for damages for an alleged wrongful discharge of appellant, a dining car waiter employed by appellee under a collective bargaining agreement between appellee and certain Locals of the Dining Car, Cooks and Waiters Union.

The aforesaid agreement provides, in part:

“Rule 25 — Hearings — Disciplinary.

“(a) * * * An employee who is disciplined or dismissed shall be notified in writing of the specific reason or cause for such…