State Ex Rel. Nilsen v. Berry

The question in this case is whether federal law applies to a provision in a collective bargaining agreement between a labor union and an employer engaged in interstate commerce prescribing certain procedures to be followed in the prosecution of claims of employees against tbeir employer for overtime wages.

The 'State, through its Commissioner of the Bureau of Labor, brought two actions upon claims for overtime pay which were assigned to the Commissioner by employees of the defendants pursuant to ORS 652.330 (2). Since the cases were consolidated we will speak of them as though there were but…