Whitehouse v. Illinois Central R. Co., 349 U.S. 366 (1955)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

There was submitted to the National Railroad Adjustment Board a dispute between a telegraphers’ union and a railroad regarding the latter’s employment of a member of a clerks’ union in a position which the telegraphers’ union claimed should be assigned to one of its members. Notice of the proceeding was served by the Board on the railroad and the telegraphers’ union, but not on the clerks’ union, which notified the railroad that it would prosecute a claim if its rights were adversely affected by disposition of the claim of the telegraphers’ union. The railroad urged the Board to give the clerks’ union and its affected member notice and an opportunity to be heard, but this request was denied. Prior to any decision by the Board on the merits of the dispute, the railroad sued in a federal district court to require the Board to serve notice on the clerks’ union and its affected member and to enjoin the Board from deciding the dispute until this had been done. The railroad urged that it might be confronted with conflicting claims and might suffer irreparable injury if the dispute were decided without participation of the clerks’ union and its affected member.

Held: the injuries anticipated by the railroad are too speculative to warrant resort to extraordinary remedies, such as injunction or mandamus. Pp. 367-374.

212 F.2d 22 reversed.