7 F.R.D. 376 (N.D.Ill. 1946), Civ. 45 C 1383, Joint Council Dining Car Emp. Local 370 v. New York Cent. R. Co.

Docket Nº:Civ. 45 C 1383.
Citation:7 F.R.D. 376
Opinion Judge:LA BUY, District Judge.
Party Name:JOINT COUNCIL DINING CAR EMPLOYEES LOCAL 370 et al. v. NEW YORK CENT. R. CO.
Attorney:Sidney A. Jones, Jr., of Chicago, Ill., for plaintiffs. Sidney C. Murray, of Chicago, Ill., for defendant.
Case Date:January 28, 1946
Court:United States District Courts, 7th Circuit, Northern District of Illinois
 
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Page 376

7 F.R.D. 376 (N.D.Ill. 1946)

JOINT COUNCIL DINING CAR EMPLOYEES LOCAL 370 et al.

v.

NEW YORK CENT. R. CO.

Civ. 45 C 1383.

United States District Court, N.D. Illinois, Eastern Division.

January 28, 1946

Action by the Joint Council Dining Car Employees Local 370 for and on behalf of Chester Budd and other employees similarly situated against the New York Central Railroad Company to enforce an award granted by the National Railroad Adjustment Board, third division. On defendant's motion to dismiss the petition.

Motion sustained.

Sidney A. Jones, Jr., of Chicago, Ill., for plaintiffs.

Sidney C. Murray, of Chicago, Ill., for defendant.

LA BUY, District Judge.

Petition is filed herein to enforce an award granted June 11, 1943 by the National Railroad Adjustment Board, Third Division. The petition alleges that on or about March 1938 the respondent entered into an agreement with the petitioners effective April 1, 1938 governing the hours of service and working conditions of the respondent's dining car employees; that by the agreement and existing practices the respondent obligated itself to furnish free meals to its dining car employees while on duty or while performing services for said respondent; that on or about March 1, 1941 respondent violated the contract by charging the employees for meals and lodging and deducting said amounts from their wages. A statement of grievance was filed by the Joint Council of Dining Car Employees Local 370 for and on behalf of Chester Budd and all employees of respondent similarly situated. The matter was referred by all of the parties to the National Railway Adjustment Board pursuant to the Railway Labor Act, 45 U.S.C.A. § 151 et seq. The Board sustained the claim of the employees and found the respondent had violated its contract. On the same date, June 11, 1943, the Board entered an order accompanying the award ordering respondent ‘ to pay to the employee (or employees) the sum to which he is (or they are) entitled under the Award on or

Page 377

before August 16, 1943.’ Respondent has refused and still refuses to abide by this decision of the Board and is continuing to deduct from the wages due employees for amounts charged for board and lodging. The petition prays the contract between the employees of respondent and respondent be specifically enforced and that a referee be appointed to determine the amounts of...

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