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O'CONNELL v. ERIE LACKAWANNA RAILROAD COMPANY

No. 67 Civ. 1264.

268 F.Supp. 397 (1967)

John P. O'CONNELL, R. A. Gallo, and Charles Doyle, individually and in behalf of all members of the Switchmen's Union, who are employed by the Erie Lackawanna Railroad Company, and Switchmen's Union of North America, AFL-CIO, an unincorporated association, Plaintiffs, v. ERIE LACKAWANNA RAILROAD COMPANY, a corporation, the Brotherhood of Railroad Trainmen, an unincorporated association and Griff Davis, individually and as General Chairman of the Brotherhood of Railroad Trainmen, and W. J. Weil, individually and in behalf of all members of the Brotherhood of Railroad Trainmen, Defendants.

United States District Court S. D. New York.

April 27, 1967.

Attorney(s) appearing for the Case

Sturm & Perl, New York City, Alan F. Perl, New York City, of counsel, and Lee Leibik and Ruth Weyand, Chicago, Ill., Lee Leibik and Ruth Weyand, Chicago, Ill., of counsel, for plaintiffs.

Raymond H. Branda, New York City, for defendant Erie Lackawanna R. R. Co.

Arnold B. Elkind, New York City, for defendants Brotherhood of Railroad Trainmen and W. J. Weil, individually.

OPINION

HERLANDS, District Judge:

The instant motion for a preliminary injunction, brought on by an order to show cause, raises important questions as to the proper interpretation of the 1951 amendments to the Railway Labor Act. Plaintiffs are three yard service employees of the defendant Erie Lackawanna Railroad Company [hereinafter referred to as the Erie], who sue individually and on behalf of all members of the Switchmen's Union of North America, AFL...

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