307 F2d 510 Flight Engineers International Association Eal Chapter v. Eastern Air Lines Inc
307 F.2d 510
FLIGHT ENGINEERS INTERNATIONAL ASSOCIATION, EAL CHAPTER, AFL-CIO, Plaintiff,
EASTERN AIR LINES, INC., Defendant.
United States Court of Appeals Second Circuit.
Argued August 21, 1962.
Decided August 30, 1962.
Appeal from an order of the United States District Court for the Southern District of New York, Wilfred Feinberg, J., denying plaintiff's application for a preliminary injunction.
William B. Peer, Washington, D. C. (Zimring, Gromfine & Sternstein, Washington, D. C., Patt & Heimowitz, New York City, on the brief), for plaintiff.
Burton Zorn, New York City (Marvin E. Frankel, Proskauer Rose Goetz & Mendelsohn, New York City, on the brief), for defendant.
Before LUMBARD, Chief Judge, and MOORE and MARSHALL, Circuit Judges.
We affirm the order of the District Court for the Southern District of New York, which denied the motion of the plaintiff for a temporary injunction restraining Eastern Air Lines, Inc. from (1) putting into effect changes in rates of pay, rules and working conditions of flight engineers without first serving a Section 6 notice under the Railway Labor Act, 45 U.S.C.A. § 151 et seq., and exhausting certain alleged requirements of the Act, and (2) bargaining directly with individual flight engineers now engaged in a strike against Eastern, for the reasons set forth in Judge Feinberg's thorough and well reasoned opinion. 208 F.Supp. 182.