Hayes v. Union Pac. R. Co.
| Decision Date | 20 October 1950 |
| Docket Number | No. 12509.,12509. |
| Citation | 184 F.2d 337 |
| Parties | HAYES v. UNION PAC. R. CO. et al. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Harold M. Sawyer, San Francisco, Cal. (Archibald Bromsen, New York City, Gladstein, Anderson, Resner, & Leonard, San Francisco, Cal., for counsel), for appellant.
T. W. Bockes, W. R. Rouse, Elmer Collins and James A. Wilcox, all of Omaha, Neb., E. E. Bennett, Edward C. Renwick, Malcolm Davis and W. J. Schall, all of Los Angeles, Cal., for appellee Union Pac. R. R. Co.
Brobeck, Phleger & Harrison and Marion B. Plant, all of San Francisco, Cal., for appellee Dining Car Employees Union.
Before ORR, Circuit Judge, and GOODMAN and LEMMON, District Judges.
This appeal tenders the question whether the United States District Court has jurisdiction under the Railway Labor Act, 45 U.S.C.A. § 151 et seq., of an employee's complaint charging racial discrimination in the performance of a collective bargaining agreement. The appellant Hayes for himself and others similarly situated, all of whom are Negro members of appellee Dining Car Employees Union Local #372, sought an injunction and other equitable relief in the court below against acts of alleged discrimination by respondent Railroad against appellant and his associates in the making of seniority assignments and promotions. The respondents' motion below to dismiss, for lack of jurisdiction over the subject matter, was granted. It was not claimed below nor here that the collective bargaining agreement executed by respondent Union, as the bargaining representative of the employees, and respondent Railroad, in any manner by its terms, directly or indirectly, provided for any discrimination against appellants. Appellants claimed below only that the conduct of the respondents in performing the agreement was discriminatory. It was also contended on appeal that the respondents entered into the collective bargaining agreement with an undisclosed intention (somewhat vaguely described), of performing it in a discriminatory manner.
It is not necessary to state in detail the nature of the affidavits and of the pleadings constituting the record which the trial court had before it. These matters are fully set forth in the opinion of Chief Judge Michael J. Roche, the trial judge. D.C., 88 F.Supp. 108. We adopt his opinion. We add to it only to the extent of saying that it is clear to us that the Federal Courts are not charged by...
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Raus v. Brotherhood of Ry. Carmen of U.S. and Canada
...for alleged discriminatory performance of an agreement validly entered into and lawful in its terms. See, e. g., Hayes v. Union Pacific R. Co., 184 F.2d 337 (C.A. 9th Cir. 1950), cert. denied, 340 U.S. 942 (71 S.Ct. 506, 95 L.Ed. 680) (1951). This view, however, was squarely rejected in the......
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Retana v. Apartment, Motel, Hotel & El. Op. U., Loc. No. 14
...constitutional right, such as racial discriminations, are presented to the court" (13). 9 Our contrary holding in Hayes v. Union Pac. R.R. Co., 184 F.2d 337 (9th Cir. 1950), heavily relied upon by appellee union, was expressly disapproved in Conley v. Gibson, 355 U.S. 41, 44 n. 4, 78 S.Ct. ......
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Cunningham v. Erie Railroad Company
...& O. R. R., N.D.Ill., 1954, 118 F.Supp. 317, affirmed per curiam, 347 U.S. 964, 74 S. Ct. 776, 98 L.Ed. 1107; and Hayes v. Union Pacific R. R., 9 Cir., 1950, 184 F.2d 337, certiorari denied 340 U.S. 942, 71 S.Ct. 506, 95 L.Ed. 680, which incidentally was stated by the Supreme Court in Conle......
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International Ass'n of Machinists v. Central Airlines, Inc.
...by the Railroad and the Brotherhood of Railroad Trainmen under the provisions of the Railway Labor Act." See also Hayes v. Union Pac. R. Co. et al., 9 Cir., 1950, 184 F.2d 33726 and Shipley v. Pittsburgh & L. E. R. Co., D.C.Pa.1947, 70 F.Supp. Appellants rely on Peyton v. Railway Express Ag......