Conley v. Gibson 6051 28

• Decision Date: 18 November 1957
• Docket Number: No. 7,7
• Citation: 2 L.Ed.2d 80,355 U.S. 41,78 S.Ct. 99
• Parties: J. D. CONLEY et al., Petitioners, v. Pat J. GIBSON, General Chairman of Locals 6051 and 28, etc., et al
• Court: U.S. Supreme Court

355 U.S. 41

78 S.Ct. 99

2 L.Ed.2d 80

J. D. CONLEY et al., Petitioners,

v Pat J. GIBSON, General Chairman of Locals 6051 and 28, etc., et al.

No. 7.

Argued Oct. 21, 1957.

Decided Nov. 18, 1957.

Mr. Joseph C. Waddy, Washington, D.C., for petitioners.

Mr. Edward J. Hickey, Jr., Washington, D.C., for respondent.

Mr. Justice BLACKdelivered the opinion of the Court.

Once again Negro employees are here under the Railway Labor Act¹ asking that their collective bargaining agent be compelled to represent them fairly.In a series of cases beginning with Steele v. Louisville & Nashville R. Co., 323 U.S. 192, 65 S.Ct. 226, 89 L.Ed. 173, this Court has emphatically and repeatedly ruled that an exclusive bargaining agent under the Railway Labor Act is obligated to represent all employees in the bargaining unit fairly and without discrimination because of race and has held that the courts have power to protect employees against such invidious discrimination.²

This class suit was brought in a Federal District Court in Texas by certain Negro members of the Brotherhood of Railway and Steamship Clerks, petitioners here, on behalf of themselves and other Negro employees similarly situated against the Brotherhood, its Local UnionNo. 28 and certain officers of both.In summary, the complaint made the following allegations relevant to our decision: Petitioners were employees of the Texas and New Orleans Railroad at its Houston Freight House.Local 28 of the Brotherhood was the designated bargaining agents under the Railway Labor Act for the bargaining unit to which petitioners belonged.A contract existed between the Union and the Railroad which gave the employees in the bargaining unit certain protection from discharge and loss of seniority.In May 1954, the Railroad purported to abolish 45 jobs held by petitioners or other Negroes all of whom were either discharged or demoted.In truth the 45 jobs were not abolished at all but instead filled by whites as the Negroes were ousted, except for a few instances where Negroes were rehired to fill their old jobs but with loss of seniority.Despite repeated pleas by petitioners, the Union, acting according to plan, did nothing to protect them against these discriminatory discharges and refused to give them protection comparable to that given white employees.The complaint then went on to allege that the Union had failed in general to represent Negro employees equally and in good faith.It charged that such discrimination constituted a violation of petitioners' right under the Railway Labor Act to fair representation from their bargaining agent.And it concluded by asking for relief in the nature of declaratory judgment, injunction and damages.

The respondents appeared and moved to dismiss the complaint on several grounds: (1) the National Railroad Adjustment Board had exclusive jurisdiction over the controversy; (2) the Texas and New Orleans Railroad, which had not been joined, was an indispensable partydefendant; and (3) the complaint failed to state a claim upon which relief could be given.The District Court granted the motion to dismiss holding that Congress had given the Adjustment Board exclusive jurisdiction over the controversy.The Court of Appeals for the Fifth Circuit, apparently relying on the same ground, affirmed.229 F.2d 436.Since the case raised an important question concerning the protection of employee rights under the Railway Labor Actwe granted certiorari.352 U.S. 818, 77 S.Ct. 37, 1 L.Ed.2d 44.

We hold that it was error for the courts below to dismiss the complaint for lack of jurisdiction.They took the position that § 3 First (i) of the Railway Labor Act conferred exclusive jurisdiction on the Adjustment Board because the case, in their view, involved the interpretation and application of the collective bargaining agreement.But § 3 First (i) by its own terms applies only to 'disputes between an employee or group of employees and a carrier or carriers.'³This case involves no dispute between employee and employer but to the contrary is a suit by employees against the bargaining agent to enforce their statutory right not to be unfairly discriminated against by it in bargaining.⁴The Adjustment Board has no power under § 3 First (i) or any other provision of the Act to protect them from such discrimination.Furthermore, the contract between the Brotherhood and the Railroad will be, at most, only incidentally involved in resolving this controversy between petitioners and their bargaining agent.

Although the District Court did not pass on the other reasons advanced for dismissal of the complaint we think it timely and proper for us to consider them here.They have been briefed and argued by both parties and the respondents urge that the decision below be upheld, if necessary, on these other grounds.

As in the courts below, respondents contend that the Texas and New Orleans Railroad Company is an indispensable party which the petitioners have failed to join as a defendant.On the basis of the allegations made in the complaint and the relief demanded by petitionerswe believe that contention is unjustifiable.We cannot see how the Railroad's rights or interests will be affected by this action to enforce the duty of the bargaining representative to represent petitioners fairly.This is not a suit, directly or indirectly, against the Railroad.No relief is asked from it and there is no prospect that any will or can be granted which will bind it.If an issue does develop which necessitates joining the Railroad either it or the respondents will then have an adequate opportunity to request joinder.

Turning to respondents' final ground, we hold that under the general principles laid down in the Steele, Graham, and Howard cases the complaint adequately set forth a claim upon which relief could be granted.In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.⁵Here, the complaint alleged, in part, that petitioners were discharged wrongfully by the Railroad and that the Union, acting according to plan, refused to protect their jobs as it did those of white employees or to help them with their grievances all because they were Negroes.If these allegations are proven there has been a manifest breach of the Union's statutory duty to represent fairly and without hostile discrimination all of the employees in the bargaining unit.This Court squarely held in Steele and subsequent cases that discrimination in representation because of race is prohibited by the Railway Labor Act.The bargaining representative's duty not to draw 'irrelevant and invidious'⁶ distinctions among those it represents does not come to an abrupt end, as the respondents seem to contend, with the making of an agreement between union and employer.Collective bargaining is a continuing process.Among other things, it involves day-to-day adjustments in the contract and other working rules, resolution of new problems not covered by existing agreements, and the protection of employee rights already secured by contract.The bargaining representative can no more unfairly discriminate in carrying out these functions than it can in negotiating a collective agreement.⁷A contract may be fair and impartial on its face yet administered in such a way, with the active or tacit consent of the union, as to be flagrantly discriminatory against some members of the bargaining unit.

The respondents point to the fact that under the Railway Labor Act aggrieved employees can file their own grievances with the Adjustment Board or sue the employer for breach of contract.Granting this, it still furnishes no sanction for the Union's alleged discrimination in refusing to represent petitioners.The Railway Labor Act, in an attempt to aid collective action by employees, conferred great power and protection on the bargaining agent chosen by a majority of them.As individuals or small groups the...