Telegraphers v. Chicago & N.W. R. Co., 362 U.S. 330 (1960)

Order of Railroad Telegraphers v.


Chicago & North Western Railway Co.
No. 100


Argued March 1-2, 1960
Decided April 18, 1960
362 U.S. 330

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

An interstate railroad applied to the public utility commissions of four States for permission to abolish or consolidate many of its little-used stations. The labor union which was the bargaining agent of the station agents and telegraphers whose jobs would be abolished notified the railroad under § 6 of the Railway Labor Act of a desire to negotiate for an amendment to its current bargaining agreement which would prevent the railroad from abolishing any position without the union’s consent, and it threatened to strike if the railroad refused to negotiate about the amendment. The railroad sued in a Federal District Court to enjoin such a strike.

Held: the case involves or grows out of a "labor dispute" within the meaning of the Norris-LaGuardia Act, and the District Court was without jurisdiction to enjoin the strike permanently. Pp. 331-343.

(a) This controversy was a "labor dispute," as defined in § 13(c) of the Norris-LaGuardia Act. Pp. 335-338.

(b) The strike here involved could not be enjoined on the theory that it was unlawful for the union to seek to bargain about the consolidation or abandonment of railroad stations, which are within the control of state regulatory commissions. Pp. 338-341.

(c) The dispute here involved was not a "minor" one which the Railway Labor Act requires to be heard by the National Railroad Adjustment Board. P. 341.

264 F.2d 254 reversed.