Legal Opinion

United States R. R. Labor Board v. Pennsylvania R. R.

Court of Appeals for the Seventh Circuit

Decided April 15, 1922No. 3139PublishedCited by 3 opinions

Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; George T. Page, Judge. Suit by the Pennsylvania Railroad Company against the United States Railroad Labor Board and its members. From a decree granting an injunction, defendants appeal.

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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; George T. Page, Judge. Suit by the Pennsylvania Railroad Company against the United States Railroad Labor Board and its members. From a decree granting an injunction, defendants appeal. The appeal is by the United States Labor Board and its members from a decree in the suit of the Pennsylvania Railroad Company, enjoining the board and its members from proceeding under section 301 of the Transportation Act (41 Stat. 409), from determining a dispute concerning rules and working…

1Opinion of the CourtAfschufer, Circuit Judge

(after stating the facts as above). [1] Appellee contends that if title 3 makes the decisions of the Labor Board binding upon tire carriers, and enforceable by appropriate proceedings, it is unconstitutional. Suffice it to say, there is not here involved any proceeding for the enforcement on the carrier of a decision of the board as to wages or working conditions. Indeed, the action of the board most complained of by appellee was in furtherance of securing an agreement between the carriers and their employees, with the probable alternative that, if ultimately they fail to agree, the board…

2Cited by3 opinions

  1. Pennsylvania System Board of Adjustment of Brotherhood of Railway & Steamship Clerks v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1924
  2. Fenstemacher v. Pennsylvania R.District Court, E.D. Pennsylvania · 1922
  3. Schuppan v. Peoria Ry. Terminal Co.District Court, S.D. Illinois · 1924

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