Order of Railway Conductors v. Southern Railway Co.
Cases that cite this one
87 later published cases cite this decision. The 24 that cite it most often are listed here.
- Sture v. Sigfred v. Pan American World Airways, Inc. (5th Cir. 1956)
- Gibbons v. Kansas City Southern Railway Co. (La. Ct. App. 1957)
- Brotherhood of Railroad Trainmen, Local Lodge No. 721 v. Central of Georgia Railway Company (5th Cir. 1956)
- Central of Georgia Railway Co. v. Brotherhood of Railroad Trainmen (Ga. 1955)
- Wilburn v. Missouri-Kansas-Texas R. Co. of Texas (Tex. App. 1954)
- Isgett v. Atlantic Coast Line R. Co. (S.C. 1953)
- Koppal v. Transcontinental & Western Air, Inc. (8th Cir. 1952)
- Russell v. Ogden Union Ry. & Depot Co. (Utah 1952)
- Howe v. Pacific Electric Railway Co. (Cal. 1966)
- International Association of Machinists v. Eastern Airlines, Inc. (5th Cir. 1963)
- Broady v. Illinois Cent. R. Co (7th Cir. 1951)
- Roberts v. Western Pacific Railroad (Cal. Ct. App. 1951)
- Local 194 C & T, United Transportation Union v. Consolidated Rail Corporation and United Transportation Union (7th Cir. 1982)
- Pandil v. Illinois Central Gulf Railroad (Iowa Ct. App. 1981)
- Goglowski v. Penn Central Transportation Co. (District Court, W.D. Pennsylvania 1976)
- Cottrell v. Gulf, Mobile & Ohio Railroad (United States District Court for the Southern District of Alabama 1971)
- Southern Pacific Co. v. Leidenheimer (United States District Court Eastern District of Louisiana 1969)
- Brotherhood of Locomotive Firemen & Enginemen v. New York, New Haven & Hartford Railroad (United States District Court for the District of Connecticut 1968)
- United Industrial Workers of Seafarers International Union of North America v. Board of Trustees of Galveston Wharves (5th Cir. 1968)
- Keay v. Eastern Air Lines, Inc. (District Court, D. Massachusetts 1967)
- Brotherhood Of Railroad Carmen Of America, Local No. 429 v. Chicago And North Western Railway Company (8th Cir. 1966)
- Nunn v. Missouri Pacific Railroad Company (District Court, E.D. Missouri 1966)
- Hudie v. Aliquippa & Southern Railroad (District Court, W.D. Pennsylvania 1966)
- Brotherhood of Railroad Carmen of America v. Chicago & North Western Railway Co. (8th Cir. 1965)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the Court.
This case raises the same statutory question as Slocum v. Delaware, L. & W. R. Co., ante, p. 239, The petitioner, Order of Railway Conductors, is the only accredited bargaining representative of conductors employed by the re *256 spondent Southern Railway. A dispute arose between certain conductors and the railroad concerning the railroad’s obligation under the collective-bargaining agreement to give conductors extra pay for certain services. The claims of the conductors were referred to the union, which sought by negotiation to persuade the railroad to pay. The railroad refused, and thereafter prayed a South Carolina state court for a declaratory judgment interpreting the agreement as not requiring the claimed payments. The trial court first refused to exercise jurisdiction. Citing Order of Conductors v. Pitney, 326 U. S. 561, it held that state courts, like federal courts, should leave settlement of such disputes to the National Railroad Adjustment Board. The State Supreme Court reversed, holding that the state court did have power to interpret the bargaining agreement and adjudicate the dispute. 210 S. C. 121, 41 S. E. 2d 774. After a lengthy trial the lower court held that the collective agreement did not require the compensation sought by the conductors and entered the declaratory judgment requested. The Supreme Court affirmed. 215 S. C. 280, 54 S. E. 2d 816.
For reasons set out in the Slocum case, ante, p. 239, we hold that the South Carolina state court was without power to interpret the terms of this agreement and adjudicate the dispute. We discuss this case separately because it sharply points up the conflicts that could arise from state court intervention in railroad-union disputes. After the railroad had sued in the state court, the union filed a petition for hearing and award before the Adjustment Board. The state court nevertheless proceeded to adjudicate the dispute. Sustaining the state court’s action would invite races of diligence whenever a carrier or union preferred one forum to the other. And if a carrier or a union could choose a court instead of the Board, the other party would be deprived of the privilege conferred by § 3 First (i) of the Railway Labor Act, 48 *257 Stat. 1191, 45 U. S. C. § 153 First (i), which provides that after negotiations have failed “either party” may refer the dispute to the appropriate division of the Adjustment Board.
The judgment of the South Carolina Supreme Court is reversed, and the cause is remanded for proceedings not inconsistent with this opinion.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.