Manning v. Shreveport Transit Co.

130 So. 2d 497, 1961 La. App. LEXIS 1094, 42 Lab. Cas. (CCH) 17,000
CourtLouisiana Court of Appeal
DecidedMay 5, 1961
DocketNo. 9492
StatusPublished
Cited by3 cases

This text of 130 So. 2d 497 (Manning v. Shreveport Transit Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manning v. Shreveport Transit Co., 130 So. 2d 497, 1961 La. App. LEXIS 1094, 42 Lab. Cas. (CCH) 17,000 (La. Ct. App. 1961).

Opinion

GLADNEY, Judge.

Plaintiffs have instituted this suit for damages and, alternatively, for specific performance of certain provisions of a collective bargaining agreement between the [498]*498Shreveport Transit Company, Inc. and the Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America. Their petition alleges that they are members in good standing of the Association, and that they were wrongfully discharged from their employment as bus operators for defendant company. A copy of the contract in question is made a part of their pleadings. In the trial court an exception of no cause or right of action was sustained. Plaintiffs have appealed.

The established facts for purposes of this appeal are that on June 29, 1960, plaintiffs were discharged because of discrepancies in the registration of fares. Plaintiffs assert they were not guilty of this charge and that the company denied them a hearing in contravention of certain provisions of the collective bargaining agreement. They further complain that the company disregarded the contract in other respects, which we consider inconsequential, in that it took such action on unfair reports of anonymous checkers, and refused to supply written reasons for their discharge. The trial judge, in sustaining the exceptions of no cause or right of action, said; “We have reached the' conclusion that the contract itself excepts from its provisions complaints based on irregularity in registering cash fares, etc.” Pertinent provisions of the contract are Art. I, Section 2, Art. II, Section 3, and Art. Ill, Section 5.1

Under those provisions any employee of the company who is a member of the Association and who feels he has been unfairly treated, may initiate his grievance by asking his superintendent for a review of his case except in case of discharge on account of irregularity in registration of cash fares, tickets or transfers. Appellee earnestly contends that by reason of this exclusionary clause an employee so discharged has no right to a hearing or review of his case. Otherwise, under the plain terms of the contract, the employee may have his case reviewed by his superintendent, and if still dissatisfied, he may appeal to the Association for further consideration, and after that he, together with proper officials of the Association may submit the matter to the president of the com[499]*499pany. Additionally, his case may be submitted to arbitration.

Appellants urge the judge of the lower court was in error in dismissing their suit on the exception, which ruling denies them any relief under the contract. The issue imposes upon this court the duty of properly construing the rig’hts of appellants under the provisions of the agreement.

Our law recognizes that all things that are not forbidden by law, may legally become the subj ect of, or the motive for contracts, but different agreements are governed by different rules. Obligations are to be interpreted according to the intent of the parties and courts must give legal effect to all such contracts according to the true intent of all the parties. Such intent shall be determined by the words of the contract, when these are clear and explicit. LSA-C.C. Arts. 1764, 1945. In Association of Westinghouse Salaried Employees v. Westinghouse Electric Company, 1954, 348 U.S. 437, 75 S.Ct. 489, 497, 99 L.Ed. 510, the Supreme Court of the United States was concerned with an issue of jurisdiction in an action brought by a union on behalf of its member employees for accrued wages allegedly due under a collective bargaining agreement between the union and the employer. In resolving the construction of certain language of an act of Congress the court quoted Mr. Justice Cardozo to this effect:

“We think the light is so strong as to flood whatever places in the statute might otherwise be dark. Courts have striven mightily at times to canalize construction along the path of safety * * * When a statute is reasonably susceptible of two interpretations, they have preferred the meaning that preserves to the meaning that destroys * * * 'But avoidance of a difficulty will not be pressed to the point of disingenuous evasion.’ * * * ‘Here the intention of the Congress is revealed too distinctly to' permit us to ignore it because of mere misgivings as to power.’” Hopkins Federal Sav. & L. Ass’n v. Clearly, 296 U.S. 315, 334, 335, 56 S.Ct. 235, 80 L.Ed. 251, 257, 258, 100 A.L.R. 1403.

A question of prime importance arises as to whether the right of the company to discharge plaintiffs without a hearing may be found in the language of the agreement.

Before passing to this main issue we observe that no question is raised of the right of an employee to enforce against his employer his rights accruing under a contract between the employer and the union of which the plaintiff is a member. That question was squarely decided in Volquardsen v. Southern Amusement Company, La. App. 1st Cir. 1934, 156 So. 678, which held plaintiff had such a right. The same conclusion was reached in Association of Westinghouse Salaried Employees v. Westinghouse Electric Company, supra,

Generally, it is held that the existence of a collective bargaining agreement between the employer and employee does not of itself deprive the employer of the right to discharge or lay off an employee, but such right may be granted or restricted by the terms of the agreement. Contractual regulations of the right of the employer to discharge employees apply only to the extent and under the circumstances provided for or contemplated by the contract. 56 C.J.S. verbo Master and Servant § 28(41), pp. 200, 201. Under the civil law prevailing in this state, where the employment is personal and for an indefinite period of time, the employment must be considered as being at the will of either party and the employee’s services may be terminated at the will of his employer. Art. 2746, LSA-Civ.Code; Pechon v. National Corporation Service, Inc., 1958, 234 La. 397, 100 So.2d 213, 216; Page v. New Orleans Public Service, Inc., 1936, 184 La. 617, 618, 167 So. 99; United Credit Company v. Croswell Company, 1951, 219 La. [500]*500993, 54 So.2d 425; Pitcher v. United Oil & Gas Syndicate, 1932, 174 La. 66, 139 So. 760; Russell v. White Oil Corporation, 1926, 162 La. 9, 110 So. 70. Caulfield v. Yazoo & M. V. R. Co., 170 La. 155, 127 So. 585, presented a case where a railroad conductor was discharged following an investigation by his employer. The language employed by Chief Justice O’Niell is indicative of the rights of both employer and employee:

“It appears therefore that the discharge of the plaintiff was done according to the rules governing his employment. The railroad business is one which in its very nature requires strict obedience of the rules of the company on the part of the employees. The rule which requires conductors to report and account for the fares of all passengers who ride on their trains, and which admits of no deviation or excuse, is not so harsh as to be opposed to public policy.

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Bluebook (online)
130 So. 2d 497, 1961 La. App. LEXIS 1094, 42 Lab. Cas. (CCH) 17,000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manning-v-shreveport-transit-co-lactapp-1961.