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LAFFERTY v. PENNSYLVANIA R.R. CO.

October 5, 1954

Mary S. LAFFERTY
v.
PENNSYLVANIA RAILROAD COMPANY



The opinion of the court was delivered by: FOLLMER

Plaintiff instituted this action under the Federal Employers' Liability Act, 45 U.S.C.A. ยง 51 et seq., alleging that she was an employee of defendant and on December 6, 1949, at about 8:30 o'clock a. m., sustained injuries by reason of an assault by her supervisor. Defendant having raised the question of jurisdiction, the Court, as provided in Rule 42(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., directed a separate preliminary hearing on this issue. Testimony was taken upon this jurisdictional feature only and the following facts were developed.

 Rule 5-C-1 of the Master Agreement entered into by and between the Railroad and the Clerical (and certain other) Employees represented by the Union provided:

 
'Where extra employes are used extra boards will be established by agreement between the Management and the Division Chairman. The number of extra employes to be used and the manner in which they will work will be determined by written agreement between the Management and the Division Chairman.'

 Rule 5-D-1(a) provided:

 
'Employes will, upon request, be given necessary leave of absence to engage in work pertaining to their representing organization, without impairment of seniority.'

 The Extra List Agreement (Agreement No. 7) of February 26, 1948, provided:

 
'An extra list of employes will be maintained to protect work accruing to Group One employes, Clerks, located at the Information-Reservation Bureau, 30th Street Station, Philadelphia, Pa.',

 and after providing for the number of employees to be carried on the list, the order of seniority, etc., further provided:

 
'4. Employes holding positions on this list shall contact headquarters between the hours of 2.30 P.M. and 4.00 P.M. each day to receive their assignments.
 
'Those who stand for work and who have telephones, failing to contact headquarters for assignments between 2.30 P.M. and 4.00 P.M., effort shall be made to contact them between 4.00 P.M. and 5.00 P.M. for the purpose of giving them their assignments. Telephone numbers listed by employe for calling purposes, must be in the employe's residence. No other numbers shall be accepted. Employes who do not have telephones must contact headquarters between 2.30 P.M. and 4.00 P.M. each day, to receive their assignments. If they fail to do so, they forfeit their turn and revert to the bottom of the list.
 
'All employes on list are subject to call and must make themselves available for assignment at all times.'

 The Extra List Agreement (Agreement No. 7) covering the Clerical employees (Group One of the Master Agreement) at the Information-Reservation Bureau, 30th Street Station, was modified on June 1, 1949, by an additional clause as follows:

 
'The provisions of this Extra List Agreement shall not be construed as requiring or permitting the Company to call any employee for service at times or under circumstances which would involve ...

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