Hugo Black

“ The petitioner, Order of Railway Conductors, is the only accredited bargaining representative of conductors employed by the respondent Southern Railway. A dispute arose between certain conductors and the railroad concerning the railroad's obligation under the collective-bargaining agreement to give conductors extra pay for certain services. The claims of the conductors were referred to the union, which sought by negotiation to persuade the railroad to pay. ”

“ We discuss this case separately because it sharply points up the conflicts that could arise from state court intervention in railroad-union disputes. After the railroad had sued in the state court, the union filed a petition for hearing and award before the Adjustment Board. The state court nevertheless proceeded to adjudicate the dispute. Sustaining the state court's action would invite races of diligence whenever a carrier or union preferred one forum to the other. ”

“ Mr. Justice REED is of the view that the decision below should be affirmed for the reasons set out in his dissent in Slocum v. Delaware, L. & W.R. Co., 339 U.S. 239, 70 S.Ct. 577.
Mr. Justice DOUGLAS took no part in the consideration or decision of this case. ”