Switchmen’s Union v. National Mediation Board, 320 U.S. 297 (1943)

Switchmen’s Union of North America v. National Mediation Board

No. 48

Argued October 15, 1943
Decided November 22, 1943
320 U.S. 297

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA

Syllabus

A dispute having arisen between two labor organizations as to representation of employees of a carrier for collective bargaining, the services of the National Mediation Board were invoked pursuant to § 2, Ninth, of the Railway Labor Act. One of the organizations sought to be the representative of all yardmen, the other to be the representative of certain smaller groups. The Board directed an election, designating all yardmen as participants. The first organization was chosen representative, and the Board certified the result to the carrier. The second organization and some of its members brought suit in the federal District Court challenging the Board’s determination as to participants in the election and seeking cancellation of the certificate. Held, that the District Court was without jurisdiction to review the action of the Board in issuing the certificate. P. 300.

1. The language of the Railway Labor Act and the legislative history of § 2, Ninth, thereof support the conclusion that the intent of Congress was that the Board’s certification of representatives for collective bargaining should not be judicially reviewable. P. 306.

(a) Constitutional questions aside, it is for Congress to determine how the rights which it creates shall be enforced. P. 301.

(b) Where Congress has not expressly authorized judicial review, the type of problem involved and the history of the statute in question are relevant in determining whether judicial review may nonetheless be supplied. P. 301.

2. The broad grant to the federal district courts, by Jud.Code § 24(8), of original jurisdiction of all "suits and proceedings arising under any law regulating commerce," cannot sustain jurisdiction in this case. P. 300.

3. That the Board’s certification of representatives of employees for collective bargaining is conclusive does not, of itself, make such certification judicially reviewable. P. 303.

4. Shields v. Utah Idaho Central R. Co., 305 U.S. 177, distinguished. P. 306.

135 F.2d 785 reversed.

Certiorari, 319 U.S. 736, to review the affirmance of a judgment dismissing the complaint in a suit challenging the action of the National Mediation Board in certifying representatives for collective bargaining.