Opinion

Glover v. Brotherhood of Railway & Steamship Clerks

  • 250 N.C. 35
  • 108 S.E.2d 78
  • 44 L.R.R.M. (BNA) 2098
  • 1959 N.C. LEXIS 615
Court
Supreme Court of North Carolina
Filed
Apr 8, 1959
Status
Published
Author
Bobbiitt
On the bench
Higgins, Bobbiitt, Moore, Parker
Cited by
7 cases

The opinion

Bobbiitt, J.,

concurring: Under the Railway Labor Act,, the defendant Brotherhood, not the individuals who 'composed1 its membership, became the exclusive bargaining ¡agent of 'all employees of plaintiff’s craft ¡or class. Thus, the federal statute recognized the Brotherhood as a ¡separate entity when representing ¡an employee in respect of his employment relations with the carrier. In my opinion,, when the Brotherhood, as such separate entity, «assumes contractual obligations to employees relating to such representation, an employee may sue the Brotherhood as ¡an entity for the ¡allegedi breach thereof. To this extent, the 'Status conferred upon the Brotherhood by the federal statute seems sufficient to distinguish it from partnerships and from ordinary fraternal, civic or other unincorporated associations.

Whether plaintiff can maintain his 'alleged cause of action is another question, not presented for determination on this appeal.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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