Pellicer v. Brotherhood of Railway & Steamship Clerks

HOLMES, Circuit Judge.

This is an action by a railway-agency employee to have enjoined as unlawful an amendment to a bargaining agreement that modified his seniority rights by integration of colored employees with other employees. The action was instituted in a state court and removed to the federal district court. The motion to dismiss was granted because the complaint failed to state a cause of action. The question presented is whether the amendment was unlawful under the Railway Labor Act, 45 U.S.C.A. § 151 et seq., and the federal Constitution.

The plaintiff contends that the amendment was…