William J. Brennan, Jr.

“ Thus the employees considered that their interests would be best served by a workable statutory scheme providing for the final settlement of grievances by a tribunal composed of people experienced in the railroad industry. The employees' representatives made it clear that, if such a statutory scheme were provided, the employees would accept the awards as to disputes processed through the scheme as final settlements of those disputes which were not to be raised again. ”

“ Awards are final and binding except insofar as they contain a money award; in case of dispute involving an interpretation of the award either party may request the division to interpret the award in the light of the dispute, § 3 First (m) . In case of an award favorable to the petitioner, the division shall make an order, directed to the carrier, to make the award effective and if the payment of money is required to pay such sum to the employee, § 3 First (o) . ”

“ 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. ”

“ Congress, therefore, provided that adjustment boards should be 'created by agreement between any carrier or group of carriers, or the carriers as a whole, or its or their employees.' § 3 First of the Railway Labor Act of 1926, 44 Stat. 578. These adjustment boards, intended for use in settling what are termed minor disputes in the railroad industry, primarily grievances arising from the application of collective bargaining agreements to particular situations, see Brotherhood of Railroad Trainmen v. ”

“ This grist of labor relations is such that the statutory scheme cannot realistically be squared with the contention that Congress did not purpose to foreclose litigation in the courts over grievances submitted to and disposed of by the Board, past the action under § 3 First (p) authorized against the noncomplying carrier, see Washington Terminal Co. v. Boswell, 75 U.S.App.D.C. 1, 124 F.2d 235, affirmed by an equally divided Court, 319 U.S. 732, 63 S.Ct. 1430, 87 L.Ed. 1694, or the review sought of an award claimed to result from a denial of due process of law,see Ellerd v. ”

“ But that holding rested upon an interpretation of 28 U.S.C. (1946 ed.) § 41 (28) providing that 'The district courts shall have original jurisdiction * * * of cases brought to enjoin, set aside, annul, or suspend in whole or in part any order of the Interstate Commerce Commission.' (Italics supplied.) ”

“ 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. ”