Legal Opinion

Order of Railway Conductors and Brakemen and Brotherhood of Railroad Trainmen v. Switchmen's Union of North America

Court of Appeals for the Fifth Circuit

Decided August 10, 1959No. 17588_1PublishedCited by 25 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

The case arises under the Railway Labor Act, 45 U.S.C.A. §§ 151-163. 1 Specifically, the question is whether a contract between the Railroad and SUNA for yard work at certain Georgia stations is invalid because the Railroad failed to give a Section 6 notice, 45 U.S.C.A. § 156, to BRT and ORCB. 2

In a consolidated proceeding the District Court held the SUNA contract valid. BRT and ORCB appeal, contending that the agreement is invalid and its enforcement should have been enjoined. Admittedly no Section 6 notice 3 was given by the Railroad to BRT or ORCB, and, if…

2Cases cited15 opinions

  1. Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
  2. Virginian Railway Co. v. System Federation No. 40Supreme Court of the United States · 1937
  3. Switchmen's Union v. National Mediation BoardSupreme Court of the United States · 1943
  4. Tunstall v. Brotherhood of Locomotive Firemen & EnginemenSupreme Court of the United States · 1945
  5. Brotherhood of Railroad Trainmen v. HowardSupreme Court of the United States · 1952

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3Cited by25 opinions

  1. Douglas T. Wightman v. Springfield Terminal Railway Company and United Transportation UnionCourt of Appeals for the First Circuit · 1996
  2. Norman v. Missouri Pacific RailroadCourt of Appeals for the Eighth Circuit · 1969
  3. Bortherhood of Locomotive Firemen and Enginemen v. Southern Pacific Company (Texas and Louisiana Lines), Brotherhood of Locomotive Engineers, PartyCourt of Appeals for the Fifth Circuit · 1971
  4. Simon L. Howard v. St. Louis-San Francisco Railway Company, a Corporation, and Brotherhood of Railway Trainmen, an Unincorporated AssociationCourt of Appeals for the Eighth Circuit · 1966
  5. Brotherhood of Locomotive Firemen and Enginemen v. Seaboard Coast Line Railroad Company, Brotherhood of Locomotive Firemen and Enginemen v. Seaboard Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1969

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