Opinion
March 19, 1959.
April 20, 1959.
Courts — Equity — Jurisdiction — Action to recover money damages — Labor law — Agreement between interstate railroad and labor union — Construction — National Railroad Adjustment Board — Exclusive jurisdiction — Railway Labor Act, 45 U.S.C. § 151.
In this action in equity by a dismissed employe of defendant railroad and a former member of defendant labor union to obtain reinstatement to membership in the union and damages for his alleged wrongful discharge, in which it appeared that the determination of plaintiff's right to restoration of union membership required a determination of plaintiff's rights under a contract between the railroad and the labor union, it was Held that (1) under the Railway Labor Act, 45 U.S.C. § 151, the National Railroad Adjustment Board is vested with exclusive jurisdiction to determine plaintiff's rights under the agreement and (2) plaintiff could not maintain an action in equity to recover money damages for his unlawful discharge.
Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.
Appeal, No. 139, March T., 1958, from decree of Court of Common Pleas of Allegheny County, Oct. T., 1957, No. 1964, in case of George J. Wagner v. International Brotherhood of Electricians, Local No. 1305 et al. Decree affirmed.
Same case in court below: 16 Pa. D. C.2d 489.
Equity.
Adjudication filed sustaining defendants' preliminary objections and dismissing complaint, and final decree entered, opinion by CERCONE, J. Plaintiff appealed.
Harry Alan Sherman, for plaintiff, appellant.
Richard R. Lyman, with him Loyal H. Gregg, and Gregg and Price, and Mulholland, Robie Hickey, for defendant, union, appellee.
James R. Orr, with him Reed, Smith, Shaw McClay, for defendant, railroad, appellee.
The decree of the court below dismissing the plaintiff's complaint without prejudice is affirmed on the opinion of Judge CERCONE, reported at 16 Pa. D. C.2d 489; the appellant for costs.