Felter v. Southern Pacific Company, 36348.

Decision Date24 May 1957
Docket NumberNo. 36348.,36348.
Citation155 F. Supp. 315
PartiesMarion S. FELTER, on behalf of himself and others similarly situated, Plaintiff, v. SOUTHERN PACIFIC COMPANY, a corporation; Brotherhood of Railroad Trainmen, a voluntary association; J. J. Corcoran, as General Chairman, etc., Defendants.
CourtU.S. District Court — Northern District of California

Carroll, Davis & Burdick, San Francisco, Cal., for plaintiff.

Burton Mason and W. A. Gregory, San Francisco, Cal., for defendant Southern Pacific Co.

Hildebrand Bills & McLeod, Oakland, Cal., for defendant Brotherhood of Railroad Trainmen.

EDWARD P. MURPHY, District Judge.

The cross motions for summary judgment which are before this court involve an interpretation of Section 2, Eleventh of the Railway Labor Act, 45 U.S.C.A. § 152, Eleventh. The pertinent parts of this section read:

"* * * any carrier or carriers as defined in this chapter and a labor organization or labor organizations duly designated and authorized to represent employees in accordance with the requirements of this chapter shall be permitted—
"(a) to make agreements, requiring, as a condition of continued employment, that * * * all employees shall become members of the labor organization representing their craft or class: * * *
"(b) to make agreements providing for the deduction by such carrier or carriers from the wages of its or their employees in a craft or class and payment to the labor organization representing the craft or class of such employees, of any periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership: Provided, That no such agreement shall be effective with respect to any individual employee until he shall have furnished the employer with a written assignment to the labor organization of such membership dues, initiation fees and assessments, which shall be revocable in writing after the expiration of one year or upon the termination date of the applicable collective agreement, whichever occurs sooner.
"(c) The requirement of membership in a labor organization in an agreement made pursuant to subparagraph (a) of this paragraph shall be satisfied * * * if said employee shall hold or acquire membership in any one of the labor organizations, national in scope, organized in accordance with this chapter and admitting to membership employees of a craft or class in any of said services; * * * Provided, further, That nothing herein or in any such agreement or agreements shall prevent an employee from changing membership from an organization to another organization admitting to membership employees of a craft or class in any of said services."

Pursuant to the permission granted by the Act, defendants Southern Pacific Company and Brotherhood of Railroad Trainmen entered into a dues deduction agreement. The agreement provided that employee members of the Brotherhood could authorize deductions from their wages, or revoke such authorization, by completing prescribed forms to be reproduced and furnished by the Brotherhood. The Brotherhood was to notify the Company of these wage assignments and revocations of wage assignments by forwarding the completed forms, together with deduction lists, by the fifth day of each month. The assignments and revocations thus forwarded would be effective as of the first day of that month.

Plaintiff is employed as a conductor by the Southern Pacific Company. On or before February 1, 1956, plaintiff executed a wage assignment in accordance with the above agreement. After this assignment had been in effect for over a year, he decided to change his membership to the...

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4 cases
  • Felte v. Southern Pacific Co
    • United States
    • United States Supreme Court
    • 27 de abril de 1959
    ...arbitrary' to allow revocation only by means of the form provided by the Trainmen, it was 'no burden' and was 'easily complied with.' 155 F.Supp. 315, 317. The Court of Appeals for the Ninth Circuit adopted the District Court's reasoning and affirmed. 256 F.2d 429. We granted certiorari to ......
  • BROTHERHOOD OF LOC. FIRE. & ENG. v. Northern Pac. Ry. Co.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 26 de janeiro de 1960
    ......v. . NORTHERN PACIFIC RAILWAY COMPANY, a Corporation, Appellee. . No. 16269. . ...Switchmen\'s Union of North America v. Southern Pacific Co., 9 Cir., 253 F.2d 81, certiorari denied, 358 ...; and that the Supreme Court, particularly in the Felter case cited below, has so held. The Rychlik and Switchmen's ......
  • BROTHERHOOD OF LOC. FIRE. & ENG. v. Northern Pac. Ry. Co., Civ. No. 3-57-144.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • 6 de janeiro de 1959
    ...1 L.Ed.2d 480, Switchmen's Union of North America v. Southern Pacific Company, 9 Cir., 1958, 253 F.2d 81, and Felter v. Southern Pacific Company, D.C. N.D.Cal.1957, 155 F.Supp. 315 and 9 Cir., 1948, 256 F.2d The Rychlik case, supra 352 U.S. 480, 77 S.Ct. 422, dealt with an entirely differen......
  • Cadillac Publishing Company v. Summerfield, Civ. A. No. 1667-57.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 4 de outubro de 1957

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