Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes v. Railway Express Agency, Incorporated

ALLEN, Circuit Judge.

This is an appeal arising out of an action brought by petitioner, hereinafter called the Brotherhood, under the provisions of 45 U.S.C. § 153(p), 45 U.S.C.A. § 153(p), praying for enforcement of an order of the National Railroad Adjustment Board. The case arises out of the following facts, concerning which there is no controversy:

In the Fall of 1940 Robert E. Levy was employed by respondent Railway Express Agency, Incorporated, hereinafter called the Agency, in Seattle, Wash, as an extra list employee, occupying a regular six-day position entitled “relief sorter.” His…