Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction to Enjoin Strike in Support of Demand That No Jobs Be Abolished Without Railiway Union's Consent

Authors

David G. Hill, University of Michigan Law SchoolFollow

Abstract

Respondent railroad sought authority from the South Dakota Public Utilities Commission to reduce the number of its station agents. Petitioner union not only contested but also demanded of the railroad that the following provision be added to the existing collective bargaining agreement: "No position in existence on December 3, 1957, will be abolished or discontinued except by agreement between the carrier and the organization." The commission thereafter found maintenance of the particular jobs to be wasteful and issued a mandatory order directing their abandonment. When the union prepared to strike in support of its demanded contract provision, the railroad sought an injunction in a federal district court. The district court's denial of injunctive relief was reversed by the Court of Appeals for the Seventh Circuit. On certiorari to the United States Supreme Court, held, reversed, three Justices dissenting, one Justice concurring specially. The union's demand presented a lawfully bargainable issue under the Railway Labor Act, and the Norris-LaGuardia Act applied to deny jurisdiction to issue an injunction. Order of R.R. Telegraphers v. Chicago & No. W. Ry., 362 U.S. 330 (1960).

Recommended Citation

David G. Hill, Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction to Enjoin Strike in Support of Demand That No Jobs Be Abolished Without Railiway Union's Consent, 59 Mich. L. Rev. 459 (1961).
Available at: https://repository.law.umich.edu/mlr/vol59/iss3/12