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STRUSKI v. PENN CENT. CO.

January 17, 1969

Peter J. STRUSKI
v.
PENN CENTRAL COMPANY and Brotherhood of Locomotive Firemen and Enginemen by W. B. Woodward, Jr., Trustee ad litem and The Pennsylvania Railroad--Baltimore & Eastern Railroad--Brotherhood of Locomotive Firemen and Enginemen--System Board of Adjustment by D. L. Moore, S. L. Zane, N. H. Nelsen and J. W. Price, Trustees ad litem



The opinion of the court was delivered by: WOOD

 WOOD, District Judge.

 This is an action in equity removed from the state courts and seeking to abrogate a decision of the Railway Labor Act System Board of Adjustment that terminated plaintiff's employment as an engineman with the railroad. Plaintiff requests an injunction against enforcement of the System Board's decision, an order directing that the plaintiff's Railway personnel record be cleared, and an award for lost wages. We have decided that Mr. Struski should be reinstated and his seniority record cleared, but that he is not entitled to any damages. We have made the following findings of fact and conclusions of law:

 FINDINGS OF FACT

 1. Mr. Peter J. Struski, the plaintiff in this action, was first employed by the Pennsylvania Railroad as a fireman on or about June 15, 1948. (N.T. 18) He was promoted from fireman to engineer in September 1957, but never worked as an engineer because his seniority did not qualify him for it. (N.T. 19)

 2. The defendant, Penn Central Transportation Company ("Railroad") is a corporation incorporated under the laws of Pennsylvania and engaged in business as a railroad carrier. (N.T. 12)

 3. The Brotherhood of Locomotive Firemen and Enginemen ("Firemen") is a labor union organized in accordance with the Railway Labor Act, 45 U.S.C.A. Section 151 et seq., and representing the employees of the Railroad in engine service, including the craft of firemen. (N.T. 13)

 4. The Brotherhood of Locomotive Engineers ("Engineers") is a labor union national in scope and also organized in accordance with the Railway Labor Act. (N.T. 14)

 5. On June 15, 1954, the Railroad entered into a union shop agreement with the Firemen as provided for in Section 2(11) of the Railway Labor Act, 45 U.S.C.A. ยง 152(11). This agreement was in effect during the period which this litigation is concerned with. (N.T. 15)

 6. The Pennsylvania Railroad, Baltimore & Eastern Railroad-Brotherhood of Locomotive Firemen and Enginemen-System Board of Adjustment ("System Board") is organized pursuant to the union shop agreement dated June 15, 1954 between the Railroad and the Firemen. (N.T. 13) It is comprised of two representatives of the Firemen and two representatives of the Railroad. (N.T. 61-2)

 7. Mr. Struski paid dues and was a member in good standing of the Firemen through January 1957. (N.T. 28) In February of 1957, he decided that he preferred to be a member of the Engineers union. He ceased paying dues to the Firemen and began paying dues to the Engineers. He was a member in good standing of the Engineers as of February 1957, and remained a member thereafter. (N.T. 28, 98-111, 115-16)

 8. On or about June 3, 1957, Mr. Struski received a letter from Mr. P. N. Mansfield, Superintendent of Transportation, stating that for failure to pay dues to the Firemen, Mr. Struski was in violation of the union shop agreement, (N.T. 22-3) and stated to him:

 
"You are, therefore, advised that as provided in Section 5(c) of the Union Shop Agreement of June 15, 1954, amended effective November 1, 1955, your seniority and employment in the crafts or classes represented by the Brotherhood of Locomotive Firemen and Enginemen shall be terminated ten days from the date of this letter, unless the attached notice is withdrawn by the Brotherhood ...

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