Locomotive Engineers v. Louisville & N. R. Co., 373 U.S. 33 (1963)

Brotherhood of Locomotive Engineers v.

Louisville & Nashville Railroad Co.
No. 94

Argued February l, 1963
Decided April 29, 1963
373 U.S. 33

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

Under § 3 First (i) of the Railway Labor Act, a railroad submitted to the National Railroad Adjustment Board a "minor dispute" with a union growing out of the discharge of an employee. The Board sustained the employee’s claim for reinstatement and back pay. The railroad reinstated the employee, but a dispute then ensued as to whether the employee was entitled to full pay for the time lost without deduction for money earned from other employers. This dispute led to a threat of a strike, and the railroad sued in a Federal District Court to enjoin the threatened strike.

Held: under the Railway Labor Act, the union could not legally strike for the purpose of enforcing its interpretation of the Board’s money award; it must utilize instead the judicial enforcement procedure provided by § 3 First (p) of the Act, and the District Court properly enjoined the threatened strike. Trainmen v. Chicago R. & I. R. Co., 353 U.S. 30. Pp. 33-42.

297 F.2d 608 affirmed.