Walling v. v. Nashville St Ry, 335

CourtUnited States Supreme Court
Writing for the CourtBLACK
Citation67 S.Ct. 644,330 U.S. 158,91 L.Ed. 816
PartiesWALLING, Adm'r, Wage & Hour Div., U.S. Department of Labor, v. NASHVILLE, C. & ST. L. RY
Docket NumberNo. 335,335
Decision Date17 February 1947

330 U.S. 158
67 S.Ct. 644
91 L.Ed. 816
WALLING, Adm'r, Wage & Hour Div., U.S. Department of Labor,

v.

NASHVILLE, C. & ST. L. RY.

No. 335.
Argued Jan. 17, 1947.
Decided Feb. 17, 1947.

Mr. William S. Tyson, of Washington, D.C., for petitioner.

Mr. Walton Whitwell, of Nashville, Tenn., for respondent.

Page 159

Mr. Justice BLACK delivered the opinion of the Court.

The petitioner, Administrator of the Wage and Hour Division, United States Department of Labor, filed this action in a Federal District Court to enjoin alleged violations by the respondent railroad of §§ 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act, 52 Stat. 1060, 1068, 29 U.S.C.A. § 15(a)(2, 5). These sections require that minimum wages be paid to employees covered by the Act and that appropriate records be kept concerning their employment and pay. The railroad was charged with having violated the Act with regard to two types of alleged employees: First, persons in training to become yard and main line firemen, brakemen, and switchmen; second, others in training to become clerks, stenographers, callers, messengers, and other similar general miscellaneous workers. The District Court held that the first group were not 'employees' and therefore were not covered by the Act, 29 U.S.C.A. § 201 et seq. On this ground alone the injunction was denied as to them. It also denied relief as to the second group, clerks, etc., partly on this same ground. Another ground for denying relief as to the second group was the court's finding that the railroad 'for several years past has been complying with the Act as to them, and apparently intends in good faith to do so in the future.' D.C., 60 F.Supp. 1004, 1007, 1008. The Circuit Court of Appeals affirmed. 6 Cir., 155 F.2d 1016, one judge dissenting. We granted certiorari because of the importance of the questions decided. 329 U.S. 696, 67 S.Ct. 85.

The finding of the District Court that the railroad had been complying with the Act in good faith in its business relations with the trainee clerks, stenographers, etc. is not challenged. No argument is here made that this is not adequate support for denial of the relief granted as to

Page 160

this second group. Under these circumstances, we affirm the court's action in denying an injunction to enjoin violations of the Act as to these trainees. We therefore do not reach the question as to whether this group as a whole or any of the persons in it were or were not employees under the Act.

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23 practice notes
  • EQUAL EMPLOYMENT, ETC. v. SHEET METAL WKRS. INTERN., Civ. A. No. M-74-3.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • 24 Noviembre 1978
    ...Peoples Bank of Lakewood Village, 463 F. Supp. 431 333 U.S. 426, 68 S.Ct. 641, 92 L.Ed. 784 (1948); Walling v. Nashville, C. & St. L. Ry., 330 U.S. 158, 67 S.Ct. 644, 91 L.Ed. 816 (1946); Swift & Co. v. United States, 276 U.S. 311, 326, 48 S.Ct. 311, 72 L.Ed. 587 (1928). As Chief Judge Nort......
  • Montoya v. CRST Expedited, Inc., Civil Action No. 16-10095-PBS
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • 6 Septiembre 2019
    ...are "employees" under the FLSA. Portland Terminal, 330 U.S. at 151, 67 S.Ct. 639 ; see also Walling v. Nashville, C. & St. L. Ry., 330 U.S. 158, 159, 67 S.Ct. 644, 91 L.Ed. 816 (1947) (companion case).In the seminal case of Portland Terminal, the Supreme Court considered whether the plainti......
  • McKay v. Miami-Dade Cnty., 20-14044
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 9 Junio 2022
    ...past summary judgment, at least on these facts.1 The Supreme Court came to the same conclusion in Walling v. Nashville, C. & St. L. Ry. , 330 U.S. 158, 160, 67 S.Ct. 644, 91 L.Ed. 816 (1947), a companion case to Portland Terminal involving persons training to become railroad firemen, brakem......
  • Archie v. Grand Cent. Partnership, Inc., No. 95 CIV. 0694(SS).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 18 Marzo 1998
    ...and are intended to be consistent with Portland Terminal and the companion case of Walling v. Nashville Chattanooga & St. Louis Ry., 330 U.S. 158, 67 S.Ct. 644, 91 L.Ed. 816 (1947). McLaughlin v. Ensley, 877 F.2d 1207, 1211 (4th Cir.1989). Under the Portland Terminal and the Wage and Hour t......
  • Request a trial to view additional results
23 cases
  • EQUAL EMPLOYMENT, ETC. v. SHEET METAL WKRS. INTERN., Civ. A. No. M-74-3.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • 24 Noviembre 1978
    ...Peoples Bank of Lakewood Village, 463 F. Supp. 431 333 U.S. 426, 68 S.Ct. 641, 92 L.Ed. 784 (1948); Walling v. Nashville, C. & St. L. Ry., 330 U.S. 158, 67 S.Ct. 644, 91 L.Ed. 816 (1946); Swift & Co. v. United States, 276 U.S. 311, 326, 48 S.Ct. 311, 72 L.Ed. 587 (1928). As Chief Judge Nort......
  • Montoya v. CRST Expedited, Inc., Civil Action No. 16-10095-PBS
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • 6 Septiembre 2019
    ...are "employees" under the FLSA. Portland Terminal, 330 U.S. at 151, 67 S.Ct. 639 ; see also Walling v. Nashville, C. & St. L. Ry., 330 U.S. 158, 159, 67 S.Ct. 644, 91 L.Ed. 816 (1947) (companion case).In the seminal case of Portland Terminal, the Supreme Court considered whether the plainti......
  • McKay v. Miami-Dade Cnty., 20-14044
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 9 Junio 2022
    ...past summary judgment, at least on these facts.1 The Supreme Court came to the same conclusion in Walling v. Nashville, C. & St. L. Ry. , 330 U.S. 158, 160, 67 S.Ct. 644, 91 L.Ed. 816 (1947), a companion case to Portland Terminal involving persons training to become railroad firemen, brakem......
  • Archie v. Grand Cent. Partnership, Inc., No. 95 CIV. 0694(SS).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 18 Marzo 1998
    ...and are intended to be consistent with Portland Terminal and the companion case of Walling v. Nashville Chattanooga & St. Louis Ry., 330 U.S. 158, 67 S.Ct. 644, 91 L.Ed. 816 (1947). McLaughlin v. Ensley, 877 F.2d 1207, 1211 (4th Cir.1989). Under the Portland Terminal and the Wage and Hour t......
  • Request a trial to view additional results

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