Elgin, Joliet & Eastern R. Co. v. Burley, 327 U.S. 661 (1946)

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Elgin, Joliet & Eastern R. Co. v. Burley

No. 160, October Term, 1944

Reargued December 3, 4, 1945
Decided March 25, 1946
327 U.S. 661

ON REHEARING

Syllabus

1. On rehearing, the Court adheres to its previous decision in this case. Elgin, J. & E. R. Co. v. Burley, 325 U.S. 711. P. 662.

2. As in its previous opinion, the Court expressly refrains from making any definitive statement as to what might be sufficient evidence of a collective agent’s authority either to settle finally an aggrieved individual employee’s claims or to represent him exclusively before the Adjustment Board. P. 663.

3. When an award of the Adjustment Board involving an employee’s individual grievance is challenged in the courts, one who would upset it carries the burden of showing that it was wrong. P. 664.

4. The previous decision is not to be interpreted as meaning that an employee may stand by with knowledge or notice of what is going on with reference to his claim, either between the carrier and the union on the property or before the Board on their submission, allow matters to proceed to a determination by one method or the other, and then come in for the first time to assert his individual rights. P. 666.

Upon rehearing, 326 U.S. 801, of the decision of the Court at the 1944 Term in Elgin, J. & E. R. Co. v. Burley, 325 U.S. 711. Affirmed, p. 667.