Butler v. Thompson
| Decision Date | 11 December 1951 |
| Docket Number | No. 14293.,14293. |
| Citation | 192 F.2d 831 |
| Parties | BUTLER v. THOMPSON et al. |
| Court | U.S. Court of Appeals — Eighth Circuit |
C. Frank Aldrich, St. Louis, Mo., for appellant.
Thomas J. Cole, St. Louis, Mo. (Thomas T. Railey, St. Louis, Mo., on the brief), for appellees.
J. W. Brown and Ben Gettler, Cincinnati, Ohio, amicus curiae, for Hotel & Restaurant Employees and Bartenders International Union et al.
Before GARDNER, Chief Judge, and THOMAS and COLLET, Circuit Judges.
This is an appeal by the plaintiff from a judgment dismissing his complaint "for failure to state a cause of action."
The complaint alleges that the action arises under the Railway Labor Act, Title 45, Chapter 8, 45 United States Code Annotated, § 151 et seq.; that since 1923 plaintiff was a dining car employee of the Missouri Pacific Railroad Co., of which company Guy Thompson is trustee; that he was suspended on August 23, 1947; and he demands reinstatement in his position, and an accounting for loss of earnings, or damages. The answer admits the alleged employment of plaintiff, denies plaintiff's alleged right to maintain the action in court, and asks that the complaint be dismissed.
The facts were stipulated. From 1923 plaintiff worked continuously for the defendant railroad company, except for several months suspension during the year 1929, until he was again suspended on August 23, 1947, on a charge of violation of dining car instructions prohibiting the carrying, possession or use by crew members of intoxicating liquor while on duty.
Plaintiff was a member of Local 354, Hotel & Restaurant Employees and Bartenders International Union. By virtue of a collective bargaining agreement between the Union and the defendant he was at the time of his suspension entitled to certain rights of seniority and other benefits.
Rule 17(a) of the contract with the Union provided that "The right of the Management to discipline, suspend or discharge an employee for incompetency or other just and sufficient reason is recognized * * * however, prior to dismissal they shall be afforded an investigation at which they may be represented by a representative (an employee) of their choice * * * (c) Hearings will be held within ten days, unless otherwise agreed upon * * *." And in all cases the right of appeal by the employee to the highest official designated by the management was preserved.
For the purpose of investigating the right of plaintiff to reinstatement a hearing was arranged to be held on September 2, also on September 6 and 19, and on October 16, 1947. On each occasion plaintiff alleged that he was unable to attend on account of the illness of his wife, of himself, or inability to secure a representative. Finally it was agreed that a hearing should be had on October 27, 1947, at which time plaintiff appeared and attempted to authorize as his representative for the hearing one not an employee of the defendant nor a member of plaintiff's union but an officer of a rival union.
The defendant's Superintendent before whom the hearing was to be held refused to permit plaintiff to be represented by his chosen representative on the ground that he was not an employee of defendant as required by Rule 17(a) of the contract, supra. Thereupon plaintiff and his chosen representative retired, no hearing was had, and no appeal was taken. This suit was afterwards commenced in the district court.
In reality but one question is presented on this appeal. The trial court, relying upon the decision of the Supreme Court in Slocum v. Delaware, L. & W. R. Co., 339 U. S. 239, 70 S.Ct. 577, 94 L.Ed. 795, dismissed the complaint on the sole ground "that an action for reinstatement cannot be brought in a court"; and that plaintiff's remedy is by petition to the National Railroad Adjustment Board.
In so holding the plaintiff contends that the court erred. He relies upon that part of § 152, Third, of the Railway Labor Act, 45 U.S.C.A. which reads: "Representatives of employees for the purposes of this Act need not be persons in the employ of the carrier, and no carrier shall, by interference, influence, or coercion seek in any manner to...
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Cook v. Brotherhood of Sleeping Car Porters
...Cent. R. R. 7 Cir., 191 F.2d 73. Nor does it otherwise give the courts jurisdiction See, also, as ruling this question: Butler v. Thompson, 8 Cir., 192 F.2d 831, 832; Roberts v. Thompson, D.C. Ark., 107 F.Supp. 775, Plaintiffs insist that they have no adequate administrative remedy, citing ......
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Haley v. Childers
...Northern Railway Company, 8 Cir., 268 F.2d 674 (1959); Spires v. Southern Ry. Co., 4 Cir., 204 F.2d 453 (1953); and Butler v. Thompson, 8 Cir., 192 F.2d 831 (1951). Thus, since the validity of the agreement is not in issue and no further charge is made against Terminal that operates to remo......
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Edwards v. St. Louis-San Francisco Railroad Company
...Hartford R. Co., 230 F.Supp. 912 (D. Conn.1964); D'Amico v. Pennsylvania Railroad Co., 191 F.Supp. 160 (S.D.N.Y. 1961); Butler v. Thompson, 192 F.2d 831 (8th Cir. 1951); Broady v. Illinois Cent. R. Co., 191 F.2d 73 (7th Cir. 1951). cert. den. 342 U.S. 897, 72 S.Ct. 231, 96 L.Ed. 672 (1951);......
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McElroy v. Terminal Railroad Association of St. Louis
...R. Co., 361 F.2d 946 (7th Cir. 1966); Brooks v. Chicago, Rock Island & Pacific R. Co., 177 F.2d 385 (8th Cir. 1949), and Butler v. Thompson, 192 F.2d 831 (8th Cir. 1951). Those cases did not involve the unique situation presented here where employees shuttle back and forth between their cra......