Burke v. Union Pac. R.

WILLIAMS, Circuit Judge.

Appellant, herein referred to as plaintiff, alleged that under rules and regulations between the Brotherhood of Railway Trainmen, a labor organization, and defendant, an interstate carrier, he was entitled to work, at his agreed wage of $7.06 per day as a yard switchman; that he had been paid such wage for such work-time performed by him; that he went to work on July 19, 1937, and on September 9, 1937, *845was laid off on account of reduction of force; that on September 26, 1937, was notified of his recall for active service but he was then working for another railroad…