Grand International Brotherhood of Locomotive Engineers v. Morphy

CLARK, Circuit Judge.

This case is the aftermath of Burke v. Morphy, 109 F.2d 572, decided this day. After the employees had filed their action to recover the payments withheld under the order of July 30, 1938, which we have just held erroneous, and before this action had been heard or decided by the receivership court, the receiver served a new notice on the representatives of the employees that wages would be reduced 15 per cent. The notice was served on December 9, 1938, and the pay cut was to become effective on January 12, 1939, more than thirty days thereafter, as the Railway Labor Act…