Felter v. Southern Pacific Co.

359 U.S. 326, 79 S. Ct. 847, 3 L. Ed. 2d 854, 1959 U.S. LEXIS 1818, 43 L.R.R.M. (BNA) 2876
Supreme Court of the United States·Decided April 27, 1959·No. 269·Published·Cited by 77 cases

Opinions

Mr. Justice Brennan

delivered the opinion of the Court.

The Railway Labor Act1 was amended in 1951 to authorize labor organizations .representing employees of [327] carriers to make: “checkoff” agreements with the carriers for the deduction from employees’ wages of periodic dues, initiation fees and assessments. Section 2 Eleventh (b), as added by 64 Stat. 1238, 45 U. S. C. § 152 Eleventh (b).2 The améndment contains a proviso “[t]hat no such agreement shall be effective with respect to any individual employee until he shall have furnished the employer with a written assignment to the labor organization . . . which shall be revocable in writing after the expiration of one year . . . .” (Emphasis suppliéd.) ,In this case the Dues Deduction Agreement between respondents Brotherhood of Railroad Trainmen and Southern Pacific Company required that there be used, as a necessary form for revoking an assignment, nothing other than a writing executed on a form furnished by the Brotherhood of Railroad Trainmen and forwarded by that organization to the employer.3 The petitioner challenges this contractual [328] regulation as' violative of the employee’s statutory right to revoke the assignment. The District Court for the. Northern District of California held that the requirement was valid, reasoning that although it “may seem a bit. arbitrary” to-allow revocation only by means of the form provided by the Trainmen, it was “no burden” and was “easily complied with.” 155 F. Supp. 315, 317. The Court- of Appeals for the Ninth Circuit adopted the District Court’s reasoning and affirmed. 256 F. 2d 429. We granted certiorari to consider the important question of the scope of the proviso of § 2 Eleventh (b). 358 U. S. 812.

The petitioner is employed by respondent, Soúthern Pacific Company, and through March 1957 was a member of respondent Brotherhood of Railroad Trainmen. He had executed an individual assignment authorizing the checkoff in his case. In March 1957, more than a year, after his assignment had been in effect, petitioner decided to join the Order of Railway Conductors and Brakemen. He notified the Trainmen of his resignation by letter dated. March 30, 1957, advising them that he was revoking the authorization to check off his dues and that he had sent a revocation form to the company. The same day a representative of the Conductors sent petitioner’s executed revocation form to the company and handed an executed duplicate revocation form to the Secretary-Treasurer of petitioner’s Lodge of the Trainmen.

The company and the Trainmen, relying on the provisions of the Dues Deduction Agreement, declined to honor the revocation forms executed by the petitioner, though they were identical with the form which the Dues Deduc[329] tion Agreement- provided should be obtained from the Trainmen. The company advised that “[t]his matter is being directed to the attention of the appropriate officer of the Brotherhood of Railroad Trainmen for handling in accordance with the Agreement.” The Trainmen’s loc,al Secretary-Treasurer in turn wrote the petitioner that the forms he had executed and submitted were not acceptable. He said that “the only way that you can be released from Wage Assignment Authorization is by signing a'regulation A-2 card furnished by me and forwarded by me to the Company.” He enclosed such a card for the petitioner’s signature and noted “We would be sorry to lose you as a member of the BRT and hope that you may reconsider.” As a result of the refusal of the company and the Trainmen to treat the petitioner’s forms as valid, it was too late to stop the checkoff of petitioner’s April 1957 wages.

The petitioner declined to execute any further forms and commenced this-suit in the District Court against the company and the Trainmen. His complaint alleged that the action was brought under the Railway Labor Act, an “Act of Congress regulating commerce”; in this posture the jurisdiction of the District Court was properly invoked under 28 U. S. C. § 1337.4 The complaint alleged that the action was brought on behalf of petitioner and others similarly situated; the parties are in dispute as to how many other employees were in fact similarly situated with petitioner, but, with the courts below, we do not find [330] it necessary to resolve the dispute,5 and with them, we decide this case on the merits. Thé complaint prayed for a declaration that the petitioner, under the proviso, had complied with the requirements for effecting revocation ahd had terminated all authority of the company to check off his wages in favor of the Trainmen. Injunctive relief was also sought. The company and the Trainmen admitted that they were continuing to treat the petitioner’s assignment as unrevoked, contending that the collective bargaining authority under the 1951 amendment to make checkoff agreements included authority to agree upon the challenged provisions of the Dues Deduction Agreement. We disagree with the District Court and the Court of Appeals and hold that the restrictive provisions of the Dues Deduction Agreement are violative of the 1951 amendment.

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Felter v. Southern Pacific Co., 359 U.S. 326, 79 S. Ct. 847, 3 L. Ed. 2d 854, 1959 U.S. LEXIS 1818, 43 L.R.R.M. (BNA) 2876 (1959).

359 U.S. 326 (Felter v. Southern Pacific Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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