Hundley v. Illinois Central Railroad Company, 13787.
| Decision Date | 19 November 1959 |
| Docket Number | No. 13787.,13787. |
| Citation | 272 F.2d 752 |
| Parties | Gertrude HUNDLEY, Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Andrew J. Palmer, Paducah, Ky., for appellant.
James G. Wheeler, Paducah, Ky., (Thomas J. Marshall, Jr., Paducah, Ky., Joseph H. Wright, Gen. Counsel, Ill. Cent. R. Co., Chicago, Ill., John W. Freels, Chicago, Ill., Stites, Wood, Helm & Peabody, Louisville, Ky., on the brief), for appellee.
Before McALLISTER, Chief Judge, and SIMONS and WEICK, Circuit Judges.
Appellant, an employee of the Illinois Central Railroad Company, was a telephone operator on a switchboard at Fulton, Kentucky. Because of technological improvements, the Railroad discontinued its switchboard at that point and as a result six telephone switchboard operators, including appellant, were furloughed, and were advised that they could have their names placed on the telephone switchboard operators' seniority roster at either Paducah, Kentucky, Louisville, Kentucky, Jackson, Tennessee, or Chicago, Illinois; and that those not desiring to avail themselves of this opportunity would continue in the status of furloughed employees on the Fulton, Kentucky, switchboard operators' seniority roster, subject to provisions of notification. All telephone operators affected by the discontinuance of the Fulton, Kentucky, switchboard, with the exception of appellant, elected to, and did take, work at Paducah, Kentucky, or Jackson, Tennessee. She did not elect to make such change and, since that time, has been in the status of a furloughed employee on the telephone operators' switchboard seniority roster at Fulton, Kentucky.
Appellant thereafter brought suit in the state court in Kentucky alleging that she had been wrongfully discharged from her position by the railroad. In her complaint she set forth that, during her employment, she was a person for whose benefit the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees entered into a Collective Bargaining Agreement with the Railroad; that under the terms of such agreement she had certain seniority rights; that, up to the time of her discharge, she had performed her duties and complied with all the terms and conditions of her employment under the agreement; that the Railroad had discharged her and breached the agreement between it and the Brotherhood; that, thereby, it refused to allow appellant the benefits of seniority rights as provided in the agreement; that because of said wrongful dismissal and because of the violation of the agreement in denying appellant her rights under the seniority provisions therein, the Railroad had prevented her from performing her services as a telephone operator, although she had been and was, at that time, ready and willing to perform said services, and had continued to perform all the terms and conditions of her employment under the Collective Bargaining Agreement; and that the Railroad, in discontinuing the switchboard at Fulton, Kentucky, had violated the agreement. Thereafter, upon application of the Railroad, the suit was removed to the District Court. The Railroad subsequently filed...
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