Union Pacific Railroad Company v. Price

Citation3 L.Ed.2d 1460,79 S.Ct. 1351,360 U.S. 601
Decision Date29 June 1959
Docket NumberNo. 414,414
PartiesUNION PACIFIC RAILROAD COMPANY, Petitioner, v. L. L. PRICE
CourtUnited States Supreme Court

Mr. James A. Wilcox, Omaha, Neb., for petitioner.

Mr. Samuel S. Lionel, Las Vegas, Nev., for respondent.

Mr. Justice BRENNAN delivered the opinion of the Court.

This is a diversity common-law action brought by the respondent, a former employee of petitioner railroad, in the United States District Court for the District of Nevada to recover damages from the railroad for allegedly wrongfully discharging him in violation of the collective bargaining agreement between it and the Brotherhood of Railroad Trainmen. The validity of the discharge was previously challenged upon the same grounds before the National Railroad Adjustment Board, First Division, in a proceeding brought by the Brotherhood on respondent's behalf under § 3 First (i) of the Railway Labor Act,1 seeking the respondent's reinstatement with back pay. The Board rendered an award in favor of the petitioner. The question for decision here is whether the respondent may pursue a common-law remedy for damages for his allegedly wrongful dismissal after having chosen to pursue the statutory remedy which resulted in a determination by the National Adjustment Board that his dismissal was justified.

The respondent was employed by petitioner as a swing brakeman (an extra brakeman who is not a regularly assigned member of a train crew) and was a member of the Brotherhood of Railroad Trainmen. The collective bragaining agreement between the Brotherhood and the petitioner contained two provisions involved in the dispute over his discharge. One provision, Article 32(b), provided that: 'Swing brakemen will not be tied up nor released at points where sleeping and eating accommodations are not available.' The other provision, Article 33(a), provided that: 'When a trainman is suspended for an alleged fault, no punishment will be fixed without a thorough investigation, at which the accused may have a trainman of his choice present.'

On July 12, 1949, the respondent was called to 'deadhead' on Train No. 37 from Las Vegas, Nevada, to Nipton, California, at which point he was to detrain and await assignment to another train traveling to Las Vegas. Train No. 37 Arrived at Nipton at 10:30 p.m., and the train dispatcher assigned respondent to train No. X 1622E, which was due to arrive at Nipton around 4 a.m., en route to Las Vegas. The respondent complained that there were no facilities available in Nipton for eating or sleeping and told the dispatcher he would go back to Las Vegas and return after getting something to eat. The dispatcher refused to release him and ordered him to wait the arrival of train X 1622E. The respondent disobeyed this instruction and deadheaded back to Las Vegas on a train which left Nipton at 11:10 p.m.

The railroad suspended the respondent on the morning of July 13. On July 16 he received a notice to appear at 10 a.m. on July 17 before an Assistant Superintendent of the railroad for an investigation. At the respondent's request the investigation was postponed to the morning of July 18, at which time the respondent requested a further postponement until his representative, the Brotherhood's Local Chairman, could be present. A postponement was again granted, until 2:30 p.m. of the 18th, but the respondent's Local Chairman apparently was still not available at that time. When respondent failed to appear for the 2:30 hearing, the Assistant Superintendent proceeded with the investigation in his absence. The testimony of railroad witnesses was taken stenographically and transcribed; no evidence was received in respondent's behalf. On July 24 the railroad notified the reaspondent that he was discharged.

The Brotherhood processed respondent's grievance through the required management levels, and when settlement could not be reached, nor agreement arrived at for a joint submission to the National Railroad Adjustment Board, the Brotherhood, in January 1951, filed an ex parte submission with the Board's First Division.2 Hearing was waived by the parties and the submission was considered on the papers filed by them. The Adjustment Board, on June 25, 1952, rendered its award 'Claim denied,' with supporting findings. 3

Some three years after the filing of the award, the respondent, on June 6, 1955, brought the instant suit. His complaint alleges a cause of action predicated on the same grounds of allegedly wrongful dismissal in violation of the collective bargaining agreement which had been urged on the Adjustment Board, namely, (1) that he 'was dismissed without cause' and (2) that he was dismissed without a 'thorough investigation' because not 'afforded an opportunity to have a trainman of his choice present at the investigation held' nor 'afforded a reasonable opportunity to prepare his defense,' 'to present his defense,' 'to have witnesses present' or 'to participate in his own defense.' After filing an answer, the railroad moved for summary judgment on affidavits and other papers on file upon the ground that 'any judicially enforceable cause of action arising from the termination of the employment relationship * * * is now barred by the adjudication and determination of the validity of such termination by the National Railroad Adjustment Board under the terms and conditions of said collective bargaining agreement, and pursuant to and in conformance with the Railway Labor Act * * *.' The District Court, without opinion, granted the motion and entered summary judgment in favor of the petitioner. The respondent appealed to the Court of Appeals for the Ninth Circuit, assigning as the single point on the appeal that the District Court 'erred in holding that the award of the National Railroad Adjustment Board entitled * * * (the railroad) to Summary Judgment.' The Court of Appeals, one judge dissenting, reversed, 255 F.2d 633. Although the Court of Appeals held that the District Court would be 'without jurisdiction to entertain the action if the Board award represents a determination on the merits,' id., at page 666, the court concluded that while the question whether the railroad was entitled to discharge the respondent 'was one of the two questions which Price submitted for Board determination,' 'the Board made no determination on the merits' but determined only that in 'the manner in which the investigation was conducted by the carrier * * * none of Price's rights in that regard was abridged,' and held that the District Court therefore had jurisdiction to entertain the action. Id., at pages 666—667. We granted certiorari to decide the important question raised by the case of the interpretation of the Railway Labor Act. 358 U.S. 892, 79 S.Ct. 155, 3 L.Ed.2d 119.

We do not agree with the Court of Appeals' holding that the Board's award was based solely on its decision that Article 33(a) was not violated by the railroad because respondent's dismissal followed a 'thorough investigation.' Rather we think the award also reflects the Board's determination that respondent was discharged for good cause. Thus we agree with Judge Healy, dissenting in the Court of Appeals, that on the face of the customarily brief findings of the Board4 it appears 'plain that the Board was of opinion, and in substance held, that the asserted violation by the Company of Article 32, even if true, would not serve to justify an employee's violation of direct operating instructions and his abandonment of his post.' 255 F.2d at pages 667—668. Since the discharge could be set aside by the Board if either ground of the submission was sustained, the unqualified denial of the claim necessarily implied, we think, that the Board decided both grounds submitted adversely to the respondent. Even if the procedure followed by the railroad constituted a proper investigation, the Board's outright denial of the claim is explicable only on the ground that the Board also held that Article 32(b) did not justify the respondent in disobeying the dispatcher's instruction to remain at Nipton. We conclude that both issues were decided by the Board against the respondent,5 and therefore reach the question whether the respondent, despite the adverse determination of the Adjustment Board, could pursue the common-law remedy for damages in the District Court.6

Congress has said in § 3 First (m) of the Railway Labor Act7 that the Adjustment Board's 'awards shall be final and binding upon both parties to the dispute, except insofar as they shall contain a money award.' Respondent does not argue that a 'money award' is anything other than an award directing the payment of money. Indeed, it would distort the English language to interpret that term as including a refusal to award a money payment. Thus, the plain language of § 3 First (m), on its face, imports that Congress intended that the Board's disposition of a grievance should preclude a subsequent court action by the losing party. Furthermore, we have said of the Railway Labor Act that 'the specification of one remedy normally excludes another.' Switchmen's Union v. National Mediation Board, 320 U.S. 297, 301, 64 S.Ct. 95, 97, 88 L.Ed. 61. Thus, our duty to give effect to the congressional purpose compels us to hold that the instant common-law action is precluded unless the over-all scheme established by the Railway Labor Act and the legislative history clearly indicate a congressional intention contrary to that which the plain meaning of the words imports. Our understanding of the statutory scheme and the legislative history, however, reinforces what the statutory language already makes clear, namely, that Congress barred the employee's subsequent resort to the common- law remedy after an adverse determination of his grievance by the Adjustment Board.8

The purpose of the Railway Labor Act was to provide a framework for peaceful settlement of labor disputes between carriers and their employees to ...

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