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LONG ISLAND RAIL ROAD CO. v. BROTHERHOOD OF RAIL. TRAIN.

Civ. No. 60-C-573.

185 F.Supp. 356 (1960)

LONG ISLAND RAIL ROAD COMPANY, Plaintiff, v. BROTHERHOOD OF RAILROAD TRAINMEN, in its own right and as representative of Road and Yard Conductors, Ticket Collectors, Road and Yard Brakemen and Switchtenders, employees of The Long Island Rail Road Company, Harold J. Pryor and Harry T. Burke, individually, and as General Chairman and Vice Chairman, respectively, of the General Grievance Committee of the Brotherhood of Railroad Trainmen — Long Island Rail Road, and as representatives of said Brotherhood and the aforementioned employees, Nicholas Artura, John F. Manor, Merrill J. Pierce, Charles J. Quinn, Nicholas Sosnicki, and James J. Walsh, individually, and as members of the General Grievance Committee of the Brotherhood of Railroad Trainmen — Long Island Rail Road, and as representatives of said Brotherhood and the aforementioned employees, Frank S. Bohl and Gerald M. Flynn, individually, and as President and Treasurer, respectively of Lodge 517 of the Brotherhood of Railroad Trainmen, and as representatives of said Brotherhood and the aforementioned employees, Frank Ryan and Edward W. M. Travis, individually, and as President and Secretary and Treasurer, respectively, of Lodge 1090 of the Brotherhood of Railroad Trainmen, and as representatives of said Brotherhood and the aforementioned employees, Defendants.

United States District Court E. D. New York.

June 18, 1960.

Attorney(s) appearing for the Case

Otto M. Buerger, Jamaica, N. Y., for plaintiff.

Zelenko & Elkind, New York City, for defendants, Arnold B. Elkind, New York City, of counsel.

BARTELS, District Judge.

Plaintiff, The Long Island Rail Road Company (hereinafter referred to as the "Railroad", is a common carrier engaged in the transportation of passengers and property in interstate and foreign commerce, serving the traveling public and numerous industries in the Counties of Kings, Queens, Nassau and Suffolk on Long Island, and is a "carrier" within the meaning of that term as defined in the Railway Labor Act (45 U.S.C.A. §§ 151 et...

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