United States Supreme Court Cases & Opinions

U.S. Supreme Court

Order of Conductors v. Pennsylvania R. Co., 323 U.S. 166 (1944)

Order of Railway Conductors v. Pennsylvania Railroad Co.

No. 200

Argued November 15, 1944

Decided December 11, 1944

323 U.S. 166

Syllabus

1. In the present posture of this case -- no review having been sought of the judgment below, now final, so far as it dismissed petitioners' suit as to the National Mediation Board -- remedies which would, directly or indirectly, set aside the Board's certification of representatives of employees under the Railway Labor Act are inappropriate. P. 323 U. S. 171.

It is unnecessary to decide, and the Court does not decide, whether the remedies sought would be available under other circumstances.

2. Upon the allegations of the complaint in this case -- the National Mediation Board having certified a representative for collective bargaining, and there being no election pending or in the offing -- petitioners are not entitled to an injunction against future coercion by a carrier over the designation of representatives of employees under the Railway Labor Act. P. 323 U. S. 172.

Writ dismissed.

Certiorari, post, p. 688, to review the dismissal of an appeal, 141 F.2d 366, from a judgment dismissing the complaint in a suit for a declaratory judgment and an injunction.

Page 323 U. S. 167