Pennsylvania R. v. United States Railroad Labor Board

PAGE, Circuit Judge.

This is a bill by the Pennsylvania Railroad Company against the Labor Board and its members to enjoin them from functioning as a board generally, and specifically from exercising the asserted right to control the selection of the conferees provided for in section 301 of the Transportation Act. Two claims are urged: (1) That the act is unconstitutional if, and in so far as, it attempts to impose compulsory arbitration; (2) that the act gives the board no right on ex parte submission, nor on its own motion, to do any act under section 301.

Defendants move to dismiss the bill,…