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SIMBERLUND v. LONG ISLAND RAIL ROAD COMPANY

Nos. 139, 140, Dockets 33596, 33609.

421 F.2d 1219 (1970)

Catherine G. SIMBERLUND, as Executrix of the Estate of William H. Simberlund, deceased, Rudolph Storch and John F. Schenck, Plaintiffs-Appellants-Appellees, v. The LONG ISLAND RAIL ROAD COMPANY, and The United Transportation Union, Successor in interest to the Brotherhood of Locomotive Firemen and Enginemen, Defendants-Appellees, and Henry H. Franklin, John A. Riker, John A. Binder, Harry A. Porch, Defendants-Appellees-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 2, 1970.

Attorney(s) appearing for the Case

Charles T. Matthews, Huntington, N. Y. (Corwin & Matthews, Huntington, N. Y., of counsel), for plaintiffs-appellants-appellees.

James T. Gallagher, Jamaica, N. Y. (George M. Onken, Jamaica, N. Y., of counsel), for defendant-appellee the Long Island Railroad Co.

Paul G. Reilly, Jr., New York City (Reilly, Fleming & Reilly, New York City, of counsel), for defendants-appellees-appellants.

Before FRIENDLY, HAYS and ANDERSON, Circuit Judges.

HAYS, Circuit Judge:

This case has its origins in the efforts of the Long Island Rail Road to alleviate the shortage of engineers which developed on its road during the Second World War. The Long Island normally secured engineers from the ranks of the firemen according to promotion rules prescribed by Article 10 of the Chicago Joint Agreement, which was incorporated into the collective bargaining agreement then in effect...

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