The opinion of the court was delivered by: Igoe, District Judge.
This cause comes on to be heard on motion of the defendant, The
Flying Tiger Line, Inc., for summary judgment. The four
individual members of The Flying Tiger Line Inc. Pilots' System
Board of Adjustment were also named as defendants in the
complaint but none of them has been served and none has appeared.
For the purpose of passing upon this motion, the court has
considered the facts as to which there is no genuine issue on the
basis of the complaint, the answer thereto of defendant, The
Flying Tiger Line Inc., plaintiff's reply to the defendant's
answer, the affidavit in support of the motion, the answer of
plaintiff to the motion, and plaintiff's counter-affidavit in
opposition to the motion. In determining whether the facts not in
dispute warrant a summary judgment, the court has taken as true
facts well pleaded in plaintiff's complaint and reply. Having
considered the pleadings and affidavits in support of and in
opposition to the motion for summary judgment, the briefs filed
by the parties and arguments of counsel, the court makes the
following findings of fact and conclusions of law.
1. Plaintiff is a citizen of the State of Illinois. Defendant,
The Flying Tiger Line Inc. is a corporation incorporated under
the laws of the State of Delaware, is doing business in this
district, and is a duly licensed, certificated, chartered carrier
2. Plaintiff was employed by defendant, Flying Tiger, as a
pilot on or about December 4, 1950 and continued in that
employment until he was discharged effective February 28, 1955.
He was at all relevant times a member in good standing of the Air
Line Pilots Association International, a labor organization,
which was at all relevant times the collective bargaining agent
under the Railway Labor Act, as amended, 45 U.S.C.A. § 151 et
seq., for all pilots employed by defendant, Flying Tiger.
3. A collective bargaining agreement, known as the "Pilots'
Agreement", was entered into between the defendant, Flying Tiger,
and the Air Line Pilots in the service of The Flying Tiger Line
Inc. as represented by The Air Line Pilots Association
International on November 23, 1953 which with the exception of
certain amendments, effective January 19, 1955, not pertinent
here, has been continuously in effect since that time. The
provisions of said collective bargaining agreement were
applicable to plaintiff's employment as a pilot by defendant,
4. Section 17 of the above mentioned collective bargaining
agreement reads as follows:
Investigation and Discipline
1. A pilot shall not be disciplined or dismissed
from the Company without notification in writing as
to any such action, and such pilot shall not be
disciplined or dismissed without an investigation and
hearing, provided that the pilot makes written
request to the Director of Flight Operations for an
investigation and hearing within seven (7) days after
receiving such notification.
2. Nothing in this Section shall be construed to
prevent the Company from holding a pilot out of
service prior to written notification of charges
preferred against him and such written notification
stipulated in Paragraph A-1 of this Section shall be
furnished the pilot with expeditiousness not
exceeding seven (7) days.
3. Such investigation and hearing shall be held by
a junior operating official of the Company designated
at the time by the Company for that purpose and shall
be held within ten (10) days after the Company
receives the written notification from the pilot for
an investigation and hearing, as stipulated in
Paragraph A-1 of this Section.
4. Prior to such investigation and hearing the
Company shall furnish such pilot a copy of the
precise charge or charges against him. He shall be
given the necessary time, not more than ten (10)
days, in which to prepare and to secure the presence
of witnesses and shall have the right to be
represented by an employee of the Company of his
choice or by his duly accredited representative or
5. Within ten (10) days after the close of such
investigation and hearing, the Company shall announce
its decision in writing respecting any such
discipline, discharge or any other action and shall
furnish the pilot, or his duly accredited
representative, a copy thereof.