March 12, 1955
WILLARD S. TOWNSEND, EUGENE E. FRAZIER AND HAROLD D. SNELL, AS REPRESENTATIVES, ETC., PLAINTIFFS-APPELLEES,
NATIONAL RAILROAD ADJUSTMENT BOARD, FOURTH DIVISION, AND LEO B. FEE, HOWARD K. HAGERMAN AND PAUL C. CARTER, AS MEMBERS THEREOF, R. B. PARKHURST, AS SECRETARY OF SAID BOARD, CHICAGO BURLINGTON & QUINCY RAILROAD COMPANY, DEFENDANTS-APPELLEES, AND BROTHERHOOD OF SLEEPING CAR PORTERS, DEFENDANT-APPELLANT, AND J. P. TAHNEY W. J. RYAN AND V. W. SMITH, LABOR MEMBERS OF THE NATIONAL RAILROAD ADJUSTMENT BOARD, FOURTH DIVISION, DEFENDANTS-APPELLANTS.
SWIM, D.J.: All of the parties to these actions have filed a stipulation showing that since the filing of the complaint herein and the issuance of an injunction decree by the District Court, which decree was based on the finding that the United Transport Service Employees was the bargaining agent of a certain class of employees of the Burlington Railroad and was, therefore, involved in a dispute between the Brotherhood of Sleeping Car Porters and the Railroad, within the meaning of Section 3 First (j) of the Railway Labor Act, there has been a representation election conducted under the supervision of the National Mediation Board, which election resulted in victory for the Brotherhood and the ousting of United. This means that plaintiffs no longer represent the employees for whom these actions were filed and that as between the parties the cause is moot.
The two cases are, therefore, remanded to the District Court with directions to dissolve the injunction decree and to dismiss the actions as moot.
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