Glover v. St. Louis-S.F. Ry. Co., 393 U.S. 324 (1969)

Glover v. St. Louis-San Francisco Railway Co.

No. 38

Argued November 14, 1968
Decided January 14, 1969
393 U.S. 324

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

Petitioners, a group of Negroes and whites employed as carmen helpers by respondent railroad, brought this action for damages and injunctive relief against the railroad and respondent union (the bargaining agent for carmen employees), claiming that respondents acted in concert to bar Negroes from promotion wholly because of race. Upholding respondents’ contention that petitioners had failed to exhaust their contractual or administrative remedies, the District Court dismissed the amended complaint, despite petitioners’ allegations that a formal effort to pursue such remedies would be absolutely futile. The Court of Appeals affirmed.

Held:

1. The federal courts have jurisdiction over this action which essentially involves a dispute between some employees, on the one hand, and union and management together, on the other, and not a dispute between employees and a carrier concerning the meaning of the terms of a collective bargaining agreement, over which the Railroad Adjustment Board would have exclusive jurisdiction under the Railway Labor Act. Pp. 328-329.

2. In this case, where resort to contractual or administrative remedies would be wholly fruitless, petitioners’ failure to exhaust such remedies constitutes no bar to judicial review of their claims. Pp. 330-331.

386 F.2d 452, reversed and remanded.