Shiels v. Baltimore and Ohio Railroad Company, 12172.
| Decision Date | 06 May 1958 |
| Docket Number | No. 12172.,12172. |
| Parties | Fred SHIELS, Robert L. Swafford, Keith U. Clark, and R.D. Vernon, Plaintiffs-Appellants, v. The BALTIMORE AND OHIO RAILROAD COMPANY, a corporation, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Seventh Circuit |
George Rose, Indianapolis, Ind., for appellant.
Joseph C. Wallace, Indianapolis, Ind., S.R. Prince, Baltimore, Md., for appellee.
Before DUFFY, Chief Judge, and SCHNACKENBERG and PARKINSON, Circuit Judges.
Plaintiffs filed suit against defendant in the Marion, Indiana, Superior Court on August 3, 1956, for damages for alleged wrongful and unlawful discharge by defendant. The cause was removed to the United States District Court for the Southern District of Indiana, and the court sustained a motion by defendant for summary judgment in its favor. From a judgment entered accordingly, plaintiffs have appealed.
From the complaint and affidavits on file, the material facts appear. Those here relevant we now briefly state.
Plaintiffs were already members of the Brotherhood, or became so shortly after the effective date, November 1, 1951, but allowed their membership to lapse July 1, 1952, having joined the United Railroad Operating Crafts, hereinafter referred to as the UROC. In September, 1952, noncompliance charges were filed against the plaintiffs, and, in conformity with sec. 5 (b) and (c) of the agreement, hearings were held before a representative of defendant, who found plaintiffs all to be in noncompliance. Appeals to the highest officer of the carrier were made as provided in sec. 5(b) and (c), but, before said hearing was held, two of the plaintiffs had applied for reinstatement in the Brotherhood and reinstatement was denied. The other plaintiffs likewise applied for reinstatement, or learned that it was useless to apply as reinstatement was being denied generally to all the members of the UROC. The appeal...
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