United States Supreme Court Cases & Opinions

U.S. Supreme Court

Transportation Union v. Union Pacific R. Co., 385 U.S. 157 (1966)

Transportation-Communication Employees Union v.

Union Pacific Railroad Co.

No. 28.

Argued October 19, 1966

Decided December 5, 1966

385 U.S. 157

Syllabus

Claiming that, under its collective bargaining agreement, its members were entitled to automated jobs which respondent railroad had assigned to the clerks' union, petitioner, the telegraphers' union, complained to the Railroad Adjustment Board. The clerks' union, given notice of the proceeding, declined to participate though manifesting readiness to file a like proceeding should its members' jobs be threatened. Without considering the railroad's liability under its contract with the clerks, the Board held the telegraphers entitled to the jobs and ordered the railroad to pay them. The telegraphers brought this action in District Court to enforce the award. Holding that the clerks' union was an indispensable party, that court dismissed the case, and the Court of Appeals affirmed.

Held: the Railroad Adjustment Board must exercise its exclusive jurisdiction to settle the entire work assignment dispute between the competing unions in one proceeding. Order of Railway Conductors v. Pitney, 326 U. S. 561; Slocum v. Delaware, L. & W. R. Co., 339 U. S. 239, followed. Pp. 385 U. S. 160-166.

349 F.2d 408 affirmed and remanded.