Slocum v. Delaware, Lackawanna & Western Railroad

delivered the opinion of the Court.

Section 3 of the Railway Labor Act confers jurisdiction on the National Railroad Adjustment Board to hold hearings, make findings, and enter awards in all disputes between carriers and their employees “growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions . ...”^[1] The question presented is whether state courts have power to adjudicate disputes involving such interpretations when the Adjustment Board has not acted.

The respondent railroad has separate collective-bargaining agreements with the Order of Railroad Telegraphers and the Brotherhood of Railway Clerks.^[2] A dispute arose between the two unions concerning the scope of their respective agreements. Each claimed for its members certain jobs in the railroad yards at Elmira, New York. The railroad agreed with the Clerks Union. The chairman of Telegraphers protested, urging reassignment of the work to members of his union and claiming back pay on behalf of certain individual members. The claims were pursued in “the usual manner” required by § 3 First (i) of the Railway Labor Act, 45 U. S. C. § 153 First (i), as a prerequisite to invoking jurisdiction of the Adjustment Board.^[3] That section further provides that,

Instead of invoking the jurisdiction of the Adjustment Board, the railroad filed this action for declaratory judgment in a New York state court, naming both unions as defendants. It prayed for an interpretation of both agreements, and for a declaration that the Clerks’ agreement, not the Telegraphers’, covered the jobs in controversy. It also asked for a declaration that the Telegraphers must refrain from making similar claims under its bargaining agreement. Telegraphers moved to dismiss the case on the ground that the Railway Labor Act left the state court without jurisdiction to interpret the contracts and adjudicate the dispute. That motion was denied. After a trial, the court interpreted the contracts as the railroad had urged, and entered the requested declarations. This judgment was affirmed by the Court of Appeals of New York, two judges dissenting. 299 N. Y. 496 , 87 N. E. 2d 532 .^[4] The majority thought that our opinion in Moore v. Illinois Central R. Co., 312 U. S.

The paramount importance of having these chosen representatives of railroads and unions adjust grievances and disputes was emphasized by our opinion in Order of Conductors v. Pitney, supra. There we held, in a case remarkably similar to the one before us now, that the Federal District Court in its equitable discretion should have refused “to adjudicate a jurisdictional dispute

Our holding here is not inconsistent with our holding in Moore v. Illinois Central R. Co., 312 U. S. 630 . Moore was discharged by the railroad. He could have challenged the validity of his discharge before the Board, seeking reinstatement and back pay. Instead he chose to accept the railroad’s action in discharging him as final, thereby ceasing to be an employee, and brought suit claiming damages for breach of contract. As we there held, the Railway Labor Act does not bar courts from adjudicating such cases. A common-law or statutory action for wrongful discharge differs from any remedy which the Board has power to provide, and does not involve questions of future relations between the railroad and its other employees. If a court in handling such a case must consider some provision of a collective-bargaining agreement, its interpretation would of course have no binding effect on future interpretations by the Board.

We hold that the jurisdiction of the Board to adjust grievances and disputes of the type here involved is exclusive.^[7] The holding of the Moore case does not conflict

It is so ordered.

Mr. Justice Douglas took no part in the consideration or decision of this case.

dissenting.

The Court denies “power in any court — state as well as federal — to invade the jurisdiction conferred on the Adjustment Board by the Railway Labor Act.” It says “that the jurisdiction of the Board to adjust grievances and disputes of the type here involved is exclusive.” Read literally, this language would indicate that the Court holds that the Board in most cases not only has exclusive jurisdiction for the institution of proceedings to determine rights under railroad collective-bargaining agreements, but also for their final determination, i. e., that there is no judicial review of the Board’s awards, except those for money. The Court, however, in note 7 states that it is not “called upon to decide any question concerning judicial proceedings to review board action or inaction.” From this I take it that the Court means only to hold that the Board has what might be called exclusive primary jurisdiction and that the decision is to have no implications for later cases which might pose the issue of judicial review of Board “action or inaction.”^[1] Never

Since the Court’s decision will be referred to as a precedent for solving administrative jurisdiction problems, it seems worth while to set out my reasons for disagreeing with the Court’s opinion. We can foresee only a part of the complications that this ruling of exclusive primary jurisdiction may bring into the administration of the Railway Labor Act. The determination of what adjudicatory body has power to judge a controversy is basic to all litigation. Jurisdiction that has always been recognized to exist in state courts should not be taken from them by inference drawn with difficulty from the statute by this Court after contrary conclusions by two state courts.^[2] The passage of a federal law creating a forum for the enforcement of certain contract rights connected with commerce does not necessarily withdraw from state courts their recognized jurisdiction over these contract controversies. The purpose to limit enforcement to the federal forum must be found in the federal statute in express words or necessary implication.^[3]

The Court calls attention to nothing to supply these requisites. There is not a line in the statute, and so far as I can ascertain, not a suggestion in the hearings that the creation of the Adjustment Board was intended by Congress to close the doors of the courts to litigants with otherwise justiciable controversies. The only expression in the statute which might conceivably support the Court is the general declaration of the Act’s purpose “to provide for the prompt and orderly settlement of all disputes

Neither the Act nor our precedents support the Court’s ruling. In the section which conferred jurisdiction on the Board, § 3 First (i), Congress provided that disputes “shall” be first handled by negotiations between the parties and on their failure “may be referred by petition of the parties or by either party to the appropriate division of the Adjustment Board . ...”^[6] The use of “may”and “shall” in the 1934 Railway Labor Act may not be decisive, but I fail to see how it can now be disregarded completely, when at the time of Moore v. Illinois Central R. Co., 312 U. S. 630 , the use of “may” seemed an indication of congressional purpose sufficient to furnish

The ruling in Texas & Pac. R. Co. v. Abilene Cotton Oil Co., 204 U. S. 426 , does not support today’s decision. In that case this Court held repugnant to the Interstate Commerce Act a suit in a state court to recover unreasonable carrier charges. The Act had given the Commission power to determine the reasonableness of rates filed and published under its provisions. It also prohibited explicitly preferences and discriminations in favor of shippers. The Court held that, if a shipper could recover in the courts part of a tariff charge, he would receive a discriminatory preference. Since this would be wholly inconsistent with the Interstate Commerce Act, state courts were without jurisdiction to entertain suits for the recovery of unreasonable charges.^[8] By necessary inference

The case before us is quite different from Switchmen’s Union v. Mediation Board, 320 U. S. 297 , and General Committee v. M.-K.-T. R. Co., 320 U. S. 323 . Those concerned controversies of a kind unfamiliar to courts, and they involved the Mediation Board, which could impose sanctions only when the parties agreed to accept its awards.^[12] We held that the issues in those cases were not justiciable in the federal courts, since the “concept of mediation is the antithesis of justiciability.”^[13] Here, the controversy relates to the interpretation of contracts, a function courts have always performed, and “it is not

Nor did Order of Railway Conductors v. Pitney, 326 U. S. 561 , determine the present jurisdictional issue. In a federal bankruptcy court handling a railroad reorganization, an interpretation of a collective-bargaining agreement was sought. We declared that the federal equity court should “exercise equitable discretion to give [the National Railroad Adjustment Board] the first opportunity to pass on the issue,”^[15] Thus we determined only that under the circumstances of that case the District Court, as a matter of discretion, should have remanded to the Board a controversy over the meaning of the collective-bargaining agreement, and at the same time should have retained jurisdiction to apply the Board's interpretation to the controversy. There was no intimation that the obligation to send the controversy to the Board was any more universal than the obligation of an equity court to sometimes remit parties to the state courts for a preliminary decision on state law.^[16] There was no ruling that Congress had deprived the District Court of jurisdiction. Today the Court is compelled to extend the Pitney precedent from “discretion” to “jurisdiction” because federal courts lack power to order state courts to exercise in a particular manner their equitable discretion. But the Court's inability to secure a flexible rule does not warrant the Court to impose on the state courts a rigid one.

Congress surely would not have granted this exclusive primary power to adjudicate contracts to a body like the Board. It consists of people chosen and paid, not by the Government, but by groups of carriers and the

Throughout this opinion I have assumed that the Court means only to impose.a requirement of primary recourse to the Board. But that inevitably means many litigants would be deprived of access to the courts. The extent of judicial review of awards other than money awards is doubtful, and it is highly questionable whether even a money award can be reviewed in the courts if only the carrier wishes review.^[20] Most important, the statute provides no relief for a petitioning party — be he union, individual or carrier — against an erroneous order of the Board.^[21] This Court may be hard put to protect the rights of minorities under these circumstances.^[22]

Nevertheless the Court says that Congress has forced the parties into a forum that has few of the attributes

When an administrative body varies so markedly from the kind which experience has shown may safely be given final power over people’s rights, it should not be assumed that Congress intended the primary jurisdiction of the Board to be exclusive. A more definite expression is required. The decision of the Court places it in a dilemma