Smith v. Evening News Assn.
Opinion of the Court
delivered the opinion of the Court.
Petitioner is a building maintenance employee of respondent Evening News Association, a newspaper publisher engaged in interstate commerce, and is a member of the Newspaper Guild of Detroit, a labor organization having a collective bargaining contract with respondent. Petitioner, individually and as assignee of 49 other similar employees who were also Guild members, sued respondent for breach of contract in the Circuit Court of
The trial court sustained respondent’s motion to dismiss for want of jurisdiction on the ground that the allegations, if true, would make out an unfair labor practice under the National Labor Relations Act and hence the subject matter was within the exclusive jurisdiction of the National Labor Relations Board. The Michigan Supreme Court affirmed, 362 Mich. 350, 106 N. W. 2d 785, relying upon San Diego Trades Council v. Garmon, 359 U. S. 236, and like pre-emption cases.
We are left with respondent’s claim that the predicate for escaping the Garmon rule is not present here because this action by an employee to collect wages in the form of damages is not among those “suits for violation of contracts between an employer and a labor organization . . . ,” as provided in § 301. There is support for respondent’s position in decisions of the Courts of Appeals,
The concept that all suits to vindicate individual employee rights arising from a collective bargaining contract should be excluded from the coverage of § 301 has thus not survived. The rights of individual employees concerning rates of pay and conditions of employment are a major focus of the negotiation and administration of collective bargaining contracts. Individual claims lie at the heart of the grievance and arbitration machinery, are to a large degree inevitably intertwined with union interests and many times precipitate grave questions concerning the interpretation and enforceability of the collective bargaining contract on which they are based. To exclude these claims from the ambit of § 301 would stultify the congressional policy of having the administration of collective bargaining contracts accomplished under a uniform body of federal substantive law. This we are unwilling to do.
The same considerations foreclose respondent’s reading of § 301 to exclude all suits brought by employees instead of unions. The word “between,” it suggests, refers to “suits,” not “contracts,” and therefore only suits between unions and employers are within the purview of § 301. According to this view, suits by employees for breach of a collective bargaining contract would not arise under § 301 and would be governed by state law, if not preempted by Garmon, as this one would be, whereas a suit by a union for the same breach of the same contract would be a § 301 suit ruled by federal law. Neither the language and structure of § 301 nor its legislative history requires or persuasively supports this restrictive interpretation, which would frustrate rather than serve the congressional policy expressed in that section. “The possibility that individual contract terms might have different meanings
We conclude that petitioner’s action arises under § 301 and is not pre-empted under the Garmon rule.
Reversed and remanded.
There was no grievance arbitration procedure in this contract which had to be exhausted before recourse could be had to the courts. Compare Atkinson v. Sinclair Refining Co., 370 U. S. 238; Drake Bakeries Inc. v. Local 50, American Bakery Workers, 370 U. S. 254.
A small number of these employees were permitted to do some work during the strike,
Garner v. Teamsters Union, 346 U. S. 485; Weber v. Anheuser-Busch, 348 U. S. 468.
“Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this Act, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties.” Labor Management Relations Act, §301 (a), 29 U. S. C. § 185 (a).
“It shall be an unfair labor practice for an employer ... by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization . . . .” National Labor Relations Act, § 8 (a) (3), 29 U. S. C. § 158 (a) (3). An unfair labor practice charge could have been filed under § 10, but that remedy was not pursued and the. present proceeding was commenced after the six-month limitation period prescribed in § 10 (b) had expired.
The view of the National Labor Relations Board, made known to this Court in an amicus curiae brief filed by the Solicitor General, is that ousting the courts of jurisdiction under § 301 in this case would not only fail to promote, but would actually obstruct, the purposes of the Labor Management Relations Act.
The Board has, on prior occasions, declined to exercise its jurisdiction to deal with unfair labor practices in circumstances where, in its judgment, federal labor policy would best be served by leaving the parties to other processes of the law. See, e. g., Consolidated Aircraft Corp., 47 N. L. R. B. 694; Spielberg Mfg. Co., 112 N. L. R. B. 1080.
E. g., Local Lodge 2040, I. A. M., v. Servel, Inc., 268 F. 2d 692 (C. A. 7th Cir.); Copra v. Suro, 236 F. 2d 107 (C. A. 1st Cir.); United Protective Workers v. Ford Motor Co., 194 F. 2d 997 (C. A. 7th Cir.). See also Dimeco v. Fisher, 185 F. Supp. 213 (D. N. J.) and cases cited therein.
Two other Justices, in a separate opinion, concluded that under § 301 a union as a party plaintiff may not enforce the wage claims of individual employees.
The only part of the collective bargaining contract set out in this record is the no-discrimination clause. Respondent does not argue here and we need not consider the question of federal law of whether petitioner, under this contract, has standing to sue for breach of the no-discrimination clause nor do we deal with the standing of other employees to sue upon other clauses in other contracts.
Dissenting Opinion
dissenting.
I would affirm the Michigan Supreme Court’s holding that Michigan courts are without jurisdiction to entertain suits by employees against their employers for damages measured by “back pay” based on discrimination, which discrimination § 8 (a) of the National Labor Relations Act makes an unfair labor practice and which § 10 (b) and (c) subject to the jurisdiction of the Labor Board with power after hearings to award “back pay.” It is true that there have been expressions in recent cases which indicate that a suit for the violation of a collective bargaining contract may be brought in a state or federal court even though the conduct objected to was also arguably an unfair labor practice within the Labor Board’s jurisdiction.
One example is enough to show how Congress’ policy of confining controversies over unfair labor practices to the Labor Board might well be frustrated by permitting unfair labor practice claimants to choose whether they will seek relief in the courts or before the Board. Section 10 (b) of the Act provides that “no complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing of the charge with the Board . . . .” In contrast, the statute of limitations in Michigan governing breach of contract suits like this is six years.
There is another reason why I cannot agree with the Court's disposition of this case. In the last note on the last page of its opinion, the Court says:
“The only part of the collective bargaining contract set out in this record is the no-discrimination clause. Respondent does not argue here and we need not consider the question of federal law of whether petitioner, under this contract, has standing to sue for breach of the no-discrimination clause nor do we deal with the standing of other employees to sue upon other clauses in other contracts.”
Finally, since the Court is deciding that this type of action can be brought to vindicate workers’ rights, I think it should also decide clearly and unequivocally whether an employee injured by the discrimination of either his employer or his union can file and prosecute his
Atkinson v. Sinclair Rfg. Co., 370 U. S. 238, 245, n. 5 (1962); Local 174, Teamsters Union v. Lucas Flour Co., 369 U. S. 95, 101, n. 9 (1962); Dowd Box Co. v. Courtney, 368 U. S. 502, 513 (1962).
Atkinson v. Sinclair Rfg. Co., supra, note 1, involved a strike by union members over pay claims, in violation of an agreement to arbitrate grievances. Local 174, Teamsters Union v. Lucas Flour Co., supra, note 1, concerned a strike by the union over the discharge of an employee, in violation of an agreement to arbitrate such disputes. Dowd Box Co. v. Courtney, supra, note 1, was an action by union officers against a company for failure to put into effect pay increases and vacation benefits provided in a collective bargaining agreement. •In my view, none of the activities in any of these cases were even arguably unfair labor practices subject to the Labor Board’s jurisdiction, and the Court did not suggest that they were.
Mich. Comp. Laws, 1948, § 609.13.
Compare H. R. Rep. No. 245, 80th Cong., 1st Sess. 40 (1947) (majority view), with id., at 90 (minority view).
The Government suggests that these years be further extended by requiring that, when cases are brought in a court, questions within the Labor Board’s competence shall be referred to the Board. Dividing into two what should be a single proceeding will result in a shuttling operation which prior experience shows might not be settled for a decade. See, e. g., the protracted litigation which was finally concluded in El Dorado Oil Works v. United States, 328 U. S. 12 (1946).
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