Delaware, L. & WR Co. v. Slocum

Citation56 F. Supp. 634
Decision Date21 June 1944
Docket NumberCivil Action No. 1731.
CourtU.S. District Court — Western District of New York
PartiesDELAWARE, L. & W. R. CO. v. SLOCUM et al.

Sayles, Flannery & Evans, of Elmira, N.Y. (Rowland L. Davis, Jr., and Pierre W. Evans, both of Elmira, N.Y., of counsel), for plaintiff, appearing specially for this motion.

Hassenauer, McKeown & Trussell, of Chicago, Ill., and John F. Dwyer, of Buffalo, N.Y., for defendant Slocum.

KNIGHT, District Judge.

Two motions are here for consideration.

This suit was first brought in the Supreme Court of the State of New York for the construction of certain separate contracts between the parties and the two union organizations. Defendant Slocum thereafter applied in such Supreme Court for an order directing removal of the action to the United States District Court. This application was denied. Thereafter a bond on removal was approved by me. The plaintiff appearing specially moves to remand the cause to the Supreme Court of the State of New York, and the defendant moves to dismiss the action.

The complaint alleges that Lackawanna Division No. 30 of the Order of Railroad Telegraphers and the System Board of Adjustment, Delaware, Lackawanna and Western Railroad, of Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, are voluntarily unincorporated associations constituted for the purpose of collective bargaining and that each of such organizations has been duly certified under the Railway Labor Act, 45 U.S.C.A. § 151 et seq.; that each of the afore-mentioned organizations is recognized by the plaintiff as the sole bargaining agent for the class of employees qualified to hold positions defined within the scope of the scope rule set forth in the collective bargaining agreement between the plaintiff and each of such organizations; that the said Order of Railroad Telegraphers maintains that certain work performed by so-called "crew callers" comes within the scope of the scope rule of an agreement between the plaintiff and said Order of Telegraphers; that the Brotherhood of Railway and Steamship Clerks aforesaid maintains that all work performed by said "crew callers" comes within the scope of the scope rule of an agreement made between the plaintiff and said Brotherhood of Railway and Steamship Clerks; that therefore a dispute exists between the said Order of Railroad Telegraphers and Brotherhood of Railway and Steamship Clerks relative to the interpretation of the scope of the scope rule of the agreements between the plaintiff and the said Order of Railroad Telegraphers and Brotherhood of Railway and Steamship Clerks and that without declaration of the rights of said parties to said agreement the plaintiff may be subjected to multiplicity of claims arising out of misinterpretation of the agreements aforesaid; that the plaintiff has no adequate remedy at law and no adequate remedy before the National RailRoad Adjustment Board, since there is no procedure where plaintiff can bring said claims jointly before the Third Division or any Division of the National Railroad Adjustment Board whereby if either said Order of Railroad Telegraphers or Brotherhood of Railway Steamship Clerks presents its claim to the Third Division plaintiff can implead or make the other association a party thereto so that such other association will be bound by the decision of the National Railroad Adjustment Board. The complaint seeks a declaratory judgment construing the scope of the scope rules of the two organizations with respect to said so-called crew callers.

The motion of the defendant Slocum will first be considered.

The motion papers set forth as their basis the single ground that this court is without jurisdiction because of the provisions of the Railway Labor Act, as amended June 21, 1934, 45 U.S.C.A. § 153 First Division (i). Upon the hearing on the motion and in his brief defendant Slocum raises the additional grounds that the complaint fails to state a cause of action under the state rules governing declaratory judgments and that the public interest will be served by denial of relief, since it does not appear that private interests of the plaintiff will be irreparably damaged.

Moore v. Illinois Cent. R. Co., 312 U.S. 630, 61 S.Ct. 754, 756, 85 L.Ed. 1089, settled the question of the necessity of invoking the aforesaid provisions of the Railway Labor Act as a prerequisite to an action. The court there said:

"The legislative history of the Railway Labor Act shows a consistent purpose on the part of Congress to establish and maintain a system for peaceful adjustment and mediation voluntary in its nature. The District Court and the Circuit Court of Appeals properly decided that petitioner was not required by the Railway Labor Act to seek adjustment of his controversy with the railroad as a prerequisite to suit for wrongful discharge."

The Railway Labor Act (Sec. 153 First Division (i), supra, relates to "the disputes between an employee or groups of employees and a carrier or carriers growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, * * *." The dispute here asserted is between the Order of Railroad Telegraphers and the Brotherhood of Railway and Steamship Clerks and not between the plaintiff and either of said organizations; and no dispute here arises concerning "rates of pay, rules, or working conditions." While it is true that either of the aforesaid organizations could bring proceedings under the aforesaid provisions of the Railway Labor Act, it is not obligatory upon either of these so to do nor is there any way in which the plaintiff can compel the initiation of such a proceeding. The Railway Labor Act does not provide that the plaintiff can bring the claims jointly before the Railroad Adjustment Board for determination or that the plaintiff can make the second association a party to the proceedings so that it will be bound by decision rendered by the National Adjustment Board.

A suit does not arise under the laws of the United States unless it "really and substantially involves a dispute or controversy respecting the validity, construction, or effect of some law of the United States, upon the determination of which the result depends." Hull v. Burr, 234 U.S. 712, 720, 34 S.Ct. 892, 895, 58 L.Ed. 1587; Shulthis v. McDougal, 225 U.S. 561, 32 S.Ct. 704, 56 L.Ed. 1205; Viles v. Symes, 10 Cir., 129 F.2d 828; Gardner v. Schaffer, 8 Cir., 120 F.2d 840; Phillips v. Pucci, D.C., 43 F.Supp. 253. It is patent from the complaint that this suit does not involve the "validity, construction, or effect" of any federal statute, but rather seeks the determination of its rights or liabilities under certain contracts. It has been urged that this is a suit for a violation of the commerce laws, 28 U.S.C.A. § 41(8), and that this court has original jurisdiction. The nature of the suit is to be determined by the complaint (Gully v. First National Bank in Meridian, 299 U.S. 109, 57 S.Ct. 96, 81 L.Ed. 70; Home Bldg. Corp. v. Carpenters Dist. Council, D.C., 53 F.Supp. 804; Visayan Refining Co. v. Standard Transp. Co., D.C., 17 F.2d 642), and nothing therein reveals that the acts charged have any relation to the commerce laws. It is true that the plaintiff...

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6 cases
  • Slocum v. Delaware Co
    • United States
    • U.S. Supreme Court
    • 10 d1 Abril d1 1950
    ...183 Misc. 454, 50 N.Y.S.2d 313. The opinion of the United States District Judge remanding the case to the state court is reported in D.C., 56 F.Supp. 634. 5. 'These unadjusted disputes have become so numerous that on several occasions the employees have resorted to the issuance of strike ba......
  • Delaware, L.&W.R. Co. v. Slocum
    • United States
    • New York Court of Appeals Court of Appeals
    • 19 d2 Julho d2 1949
    ...to dismiss the action. The motion to dismiss was denied and the railroad's motion to remand the case to our State court was granted. 56 F.Supp. 634. On February 5, 1945, the telegraphers' union made a motion at Special Term to dismiss the complaint which was denied in an unreported memorand......
  • Schatte v. International Alliance, etc.
    • United States
    • U.S. District Court — Southern District of California
    • 25 d2 Fevereiro d2 1947
    ...that the dispute should merely affect commerce to bring it within the scope of Section 41(8) or Section 41(1). Delaware, Lackawanna & Western R. v. Slocum, D.C., 56 F.Supp. 634. In Gully v. First National Bank, 299 U. S. 109, at page 112, 57 S.Ct. 96, at page 97, 81 L.Ed. 70, Mr. Justice Ca......
  • Strawser v. Reading Co.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 22 d5 Outubro d5 1948
    ...8 Cir., 164 F.2d 4; Southern Railway Co. v. Order of Railway Conductors of America, D.C., 63 F.Supp. 306; Delaware, Lackawanna and Western Railroad Co. v. Slocum, D.C., 56 F.Supp. 634; Barnhart v. Western Maryland R. Co., 4 Cir., 128 F.2d 709; Swartz v. South Buffalo R. Co., D.C., 44 F.Supp......
  • Request a trial to view additional results

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