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OTTEN v. BALTIMORE & OHIO RAILROAD COMPANY

Civ. No. 12926.

132 F.Supp. 836 (1955)

Theodore F. OTTEN, Plaintiff, v. BALTIMORE & OHIO RAILROAD COMPANY and The Staten Island Rapid Transit Railway Company, Defendants, International Brotherhood of Electrical Workers, Intervenor-Defendant.

United States District Court E. D. New York.

July 8, 1955.

Attorney(s) appearing for the Case

Leone Pecoraro, New York City, for plaintiff.

Robert Schwebel, New York City, for defendant, The Staten Island Rapid Transit Ry. Co., John C. Avery, New York City, of counsel.

Harold W. Harrison, Great Neck, N. Y., for defendant, International Brotherhood of Electrical Workers, Charles S. Corben, and Milton Kramer, Washington, D. C., of counsel.

BYERS, District Judge.

This plaintiff was formerly an employee of the Staten Island Rapid Transit Railway Company now the sole defendant, continuously from February 1, 1941 until March 1, 1953 when he was discharged because of his failure to join the International Brotherhood of Electrical Workers, the intervening defendant. That was the union with which his employer entered into a union shop agreement bearing date August 28, 1951.

The agreement was sanctioned...

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