Roberts v. Thompson
| Decision Date | 19 January 1952 |
| Docket Number | Civ. A. No. 2259. |
| Citation | 107 F. Supp. 775 |
| Parties | ROBERTS v. THOMPSON. |
| Court | U.S. District Court — Eastern District of Arkansas |
Gentry, Tisdale & Shamburger, J. K. Shamburger, Little Rock, Ark., for plaintiff.
Pat Mehaffy, Asst. Gen. Atty., Missouri Pac. R. Co., Little Rock, Ark., for defendant.
This cause comes on to be heard upon two motions filed herein by the defendant entitled, respectively, "Motion to Dismiss", and "Supplemental Motion to Dismiss Plaintiff's Complaint, Or, in the Alternative, For Summary Judgment", which motions are submitted upon the pleadings, certain affidavits filed by the defendant, copies of the collective bargaining agreement between the defendant and System Federation No. 2, Railway Employee's Department, A. F. of L., written briefs, and oral argument. Since we are considering said affidavits and the collective bargaining agreement, as well as the pleadings, we are of the opinion that the defendant's motions taken together should be treated as a motion for summary judgment. See Rule 12 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A.
As we understand it, the plaintiff makes two contentions, first, that he was wrongfully discharged in violation of the contract between the defendant and the A. F. of L. Union, and, second, that when the defendant's Master Mechanic refused to permit the plaintiff to be represented by certain members of a labor union affiliated with the C.I.O., at a hearing in connection with his discharge, the plaintiff was wrongfully deprived of certain rights guaranteed him by the Railway Labor Act. 45 U.S.C.A. § 151 et seq.
As to the latter contention, the Railway Labor Act does not confer upon the courts jurisdiction to entertain original actions to compel railroads to re-employ or give back pay to discharged employees; Brooks v. C. R. I. & P. R. Co., 8 Cir., 177 F.2d 385, 391; Broady v. Illinois Central R. Co., 7 Cir., 191 F.2d 73; nor does said Act guarantee to any employee a right to representation at a hearing before an official of the railroad, in connection with a grievance or a matter of discipline; such right, if it exists, must be found in the contract between the railroad and the Union. Broady v. Illinois Central R. Co., supra; and Butler v. Thompson, Trustee, 8 Cir., 192 F.2d 831.
The contract involved here provided for a hearing in connection with a discharge, and, further, that if the employee desired representation, he was to be represented by the local committee of the A. F. of L. union or their designated representative.
The defendant's Master Mechanic did not deprive the plaintiff of any right guaranteed to him under this contract, or by the Act, when he refused to permit the plaintiff to be represented by members of a rival union. The committee of the A. F. of L. union attended the hearing and were prepared to represent the plaintiff, but he declined to accept their services.
With reference to plaintiff's claim that he was discharged in violation of the contract between the railroad and the A. F. of L. union: first, since our jurisdiction is based solely on diversity of citizenship and the amount involved, plaintiff's rights are governed by Arkansas law. See Kordewick v. Indiana Harbor Belt Co., 7 Cir., 157 F.2d 753; Albrecht v. Indiana Harbor Belt R. Co., 7 Cir., 178 F.2d 577.
Under Arkansas law a railroad employee discharged in violation of a collective bargaining agreement between the railroad and a labor union cannot maintain an action for damages for such discharge because the contract is unilateral and lacking in mutuality, since the employee does not bind himself to work for the railroad for any specified period of time and is at liberty to cease work at will. Petty v. Missouri & Arkansas R. Co., 205 Ark. 990, 167 S.W. 2d 895; St. Louis, Iron Mountain & Southern R. Co. v. Matthews, 64 Ark. 398, 42 S.W. 902, 39 L.R.A. 467. Plaintiff has attempted to distinguish these cases from the instant one, but we do not believe that the distinctions which he attempts to make are of controlling importance.
Secondly, we are of the opinion...
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Cook v. Brotherhood of Sleeping Car Porters
...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, 776. Plaintiffs insist that they have no adequate administrative remedy, citing certain sections of the Act, the Steele case, supr......
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...to United Railroad Workers v. Atchison, Topeka & Santa Fe R. Co., 89 F.Supp. 666 (N.D.Ill.1950). It and Butler and Roberts v. Thompson, 107 F.Supp. 775 (E.D.Ark.1952), are likewise distinguishable because they are "rival union" cases. The Terminal and Engineers rely too on Switchmen's Union......
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...Baron v. Kurn, 349 Mo. 1202, 164 S.W.2d 310, 313, 314, 142 A.L.R. 666, and cases there cited; Annotation, 129 A.L.R. 615; Roberts v. Thompson, D.C.Ark., 107 F.Supp. 775, developed more fully hereinafter. See also Albrecht v. Indiana Harbor Belt R. Co., 7 Cir., 178 F.2d 577, 578; Kordewick v......
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...Pacific Railroad Co., 282 F.2d 773 (1960); Smithey v. St. Louis Southwestern Railway Co., 237 F.2d 637 (1956), and Roberts v. Thompson, 107 F.Supp. 775 (E.D.Ark.1952). And Griffin further stated that the doctrine recognizes the right of either party to terminate at will even where the condi......