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DENVER & R. G. W. R. CO. v. BROTHERHOOD OF RAILROAD TRAIN.

Civ. No. 6796.

185 F.Supp. 369 (1960)

DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, Plaintiff, v. BROTHERHOOD OF RAILROAD TRAINMEN, an unincorporated association, individually and as representative of the brakemen employed by the plaintiff; Local Lodge No. 32 and B. E. Roark, individually and as Local Chairman of said Lodge; Local Lodge No. 401 and H. G. Thayne, individually and as Local Chairman; Local Lodge No. 446 and W. C. Chandler, individually and as Local Chairman; Local Lodge No. 349 and Carl F. Ahrens and N. E. Doolittle, each individually and as a Local Chairman of said Local Lodge; Local Lodge No. 31 and M. C. Feather, individually and as Local Chairman; R. E. Carroll, individually and as General Chairman of the Brotherhood of Railroad Trainmen and as representative of the Brotherhood of Railroad Trainmen and of the above-named Local Lodges and of the membership thereof employed by the plaintiff, Defendants.

United States District Court D. Colorado.

July 27, 1960.

Attorney(s) appearing for the Case

T. A. White, T. A. Chisholm, Kenneth D. Barrows, Jr., Denver, Colo., Walter J. Cummings, Jr., Chicago, Ill., for plaintiff.

Philip Hornbein, Jr., Denver, Colo., Wayland K. Sullivan, Cleveland, Ohio, James L. Highsaw, Jr., Washington, D. C., for defendants.

CHILSON, District Judge.

The essential facts are not controverted.

The Brotherhood of Railroad Trainmen, in accordance with the Railway Labor Act (44 Stat. 577, 45 U.S.C.A. § 151 et seq.), submitted to the National Adjustment Board certain claims of some of its members for additional pay, growing out of the interpretation or the application of pre-existing contracts of employment entered into between the Brotherhood and The Denver and Rio Grande Western...

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