Walling v. Nashville, Chattanooga & St. Louis Ry., 330 U.S. 158 (1947)

Walling v. Nashville, Chattanooga & St. Louis Railway

No. 335

Argued January 17, 1947
Decided February 17, 1947
330 U.S. 158

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. The Wage and Hour Administrator sued to enjoin alleged violations of §§ 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act, requiring that minimum wages be paid to employees covered by the Act and that appropriate records be kept concerning their employment and pay. The trial court found that, as to one group of alleged employees, the defendant railroad "for several years past has been complying with the Act as to them and apparently intends in good faith to do so in the future," and denied the injunction. That finding was not challenged here, and no argument was made here that it as not adequate to support denial of the relief granted.

Held: denial of the injunction as to this group is sustained. P. 159.

2. Under facts practically identical with those involved in Walling v. Portland Terminal Co., ante, p. 148, and for the reasons there stated, persons in training to become yard and main-line firemen, brakemen, and switchmen for a railroad, held not to be "employees" within the meaning of § 3(e) of the Fair Labor Standards Act. P. 160.

155 F.2d 1016 affirmed.

The Wage and Hour Administrator sued to enjoin alleged violations of §§ 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act, 52 Stat. 1060, 1068. The District Court denied the injunction. 60 F.Supp. 1004. The Circuit Court of Appeals affirmed. 155 F.2d 1016. This Court granted certiorari. 329 U.S. 696. Affirmed., p. 160.