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Association of Clerical Employees of Atchison v. Brotherhood of Railway and Steamship Clerks

July 8, 1936

ASSOCIATION OF CLERICAL EMPLOYEES OF ATCHISON, T. & S.F. RY. SYSTEM ET AL.
v.
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS ET AL.



Appeal from the District Court of the United States for the Northern District of Illinois, Eastern Division; John P. Barnes, Judge.

Author: Alschuler

Before SPARKS and ALSCHULER, Circuit Judges, and LINDLEY, District Judge.

ALSCHULER, Circuit Judge.

Appellants complain of the rulings of the District Court denying their motion for a temporary injunction, and on motion dismissing the bill.

The bill challenges the certification of the National Mediation Board (herein called Board) that at an election called by the Board, under the Federal Railway Labor Act as amended (45 U.S.C.A. ยง 151 et seq.), appellee Brotherhood was chosen to represent the clerical employees of the Atchison, Topeka & Santa Fe Railway System in negotiations with their employer for agreements for wages and conditions of labor for that craft. The bill having been on motion dismissed for want of equity, it must be looked to for the facts. It charges that ever since 1927 that craft was represented in all such negotiations by appellant Association (herein called Association), it having been duly chosen therefor by the craft; that the Brotherhood had represented to the Board that a majority of the craft favored the Brotherhood's acting in such capacity for the craft; and that the Board, finding that a dispute existed with reference to the representation, called and conducted an election of the craft to determine whom the craft favored for such representative; and that the Board found and certified that a majority of the craft were favorable to the Brotherhood, and made such certification to the craft and to the employer. Under the Railway Labor Act of 1926, as amended June 21, 1934, such finding by the Board, unless and until in some way set aside or abrogated, is binding upon the members of the craft.

The bill further charges that the certification by the Board specifies as follows:

Number of employees on the list of

eligible voters 6,016

Number voting for representation by

the Brotherhood 2,854

Number voting for representation by

the Association 2,793

Number voting for representation by

miscellaneous individuals ...


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