Walling v. Portland Terminal Co.

330 U.S. 148, 67 S. Ct. 639, 91 L. Ed. 809, 1947 U.S. LEXIS 2957
CourtSupreme Court of the United States
DecidedFebruary 17, 1947
Docket336
StatusPublished
Cited by263 cases

This text of 330 U.S. 148 (Walling v. Portland Terminal Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walling v. Portland Terminal Co., 330 U.S. 148, 67 S. Ct. 639, 91 L. Ed. 809, 1947 U.S. LEXIS 2957 (1947).

Opinions

Mr. Justice Black

delivered the opinion of the Court.

This is an action brought by petitioner against respondent in a Federal District Court to enjoin an alleged violation of §§ 15 (a) (2) and 15 (a) (5) of the Fair Labor Standards Act, 52 Stat. 1060, 1068, 29 U. S. C. §§ 215 (a) (2), (5) which requires as to the employees covered by the Act the maintenance of records concerning their wages and the payment to them of minimum wages. The District Court denied the injunction on the ground that the particular persons involved were not employees, 61 F. Supp. 345, and the Circuit Court of Appeals affirmed on the same ground, one judge dissenting. 155 F. 2d 215. See also Walling v. Jacksonville Terminal Co., 148 F. 2d 768. Certiorari was granted because of the importance of the questions involved to the administration of the Act. 329 U. S. 696. The findings of fact by the District Court, approved by the Circuit Court of Appeals, and not challenged here, show:

For many years the respondent railroad has given a course of practical training to prospective yard brakemen. This training is a necessary requisite to entrusting them with the important work brakemen must do. An applicant for such jobs is never accepted until he has had this preliminary training, the average length of which is seven or eight days. If accepted for the training course, an applicant is turned over to a yard crew for instruction. Under this supervision, he first learns the routine activities by observation, and is then gradually permitted to do actual work under close scrutiny. His activities do [150]*150not displace any of the regular employees, who do most of the work themselves and must stand immediately by to supervise whatever the trainees do. The applicant’s work does not expedite the company business, but may, and sometimes does, actually impede and retard it. If these trainees complete their course of instruction satisfactorily and are certified as competent, their names are included in a list from which the company can draw when their services are needed. Unless they complete the training and are certified as competent, they are not placed on the list. Those who are certified and not immediately put to work constitute a pool of qualified workmen available to the railroad when needed. Trainees received no pay or allowance of any kind prior to October 1, 1943. At that time, however, the respondent and the collective bargaining agent, the Brotherhood of Railroad Trainmen, agreed that, for the war period, men who proved their competency and were thereafter listed as accepted and available for work as brakemen should be given a retroactive allowance of $4 per day for their training period. The findings do not indicate that the railroad ever undertook to pay, or the trainees ever expected to receive, any remuneration for the training period other than the contingent allowance.

The Fair Labor Standards Act fixes the minimum wage that employers must pay all employees who work in activities covered by the Act. There is no question but that these, trainees do work in the kind of activities covered by the Act. Consequently, if they are employees within the Act’s meaning, their employment is governed by the minimum wage provisions. But in determining who are “employees” under the Act, common law employee categories or employer-employee classifications under other statutes are not of controlling significance. See N. L. R. B. v. Hearst Publications, 322 U. S. 111, 128-129. This Act contains its own definitions, comprehensive enough to require its application to many persons and working rela[151]*151tionships which, prior to this Act, were not deemed to fall within an employer-employee category. See United States v. Rosenwasser, 323 U. S. 360, 362-363.

Without doubt the Act covers trainees, beginners, apprentices, or learners if they are employed to work for an employer for compensation. This is shown by § 14 of the Act which empowers the Administrator to grant special certificates for the employment of learners, apprentices and handicapped persons at less than the general minimum wage.

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Cite This Page — Counsel Stack

Bluebook (online)
330 U.S. 148, 67 S. Ct. 639, 91 L. Ed. 809, 1947 U.S. LEXIS 2957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walling-v-portland-terminal-co-scotus-1947.