Whitehouse et al. v. Illinois Central Railroad Co. et al. (349 U.S. 366)
U.S. Supreme Court · decided June 6, 1955 · Supreme Court Database (Spaeth)
- Citation
- 349 U.S. 366 · 75 S. Ct. 845
- Docket
- No. 131
- Argued
- February 10, 1955
- Decided
- June 6, 1955
- Term
- October Term 1954
- Vote
- 5–3
- Majority author
- Justice Frankfurter
- Issue area
- Judicial Power
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Warren, Justice Black, Justice Clark, Justice Frankfurter (wrote), Justice Burton
- Dissenting
- Justice Douglas, Justice Reed, Justice Minton
Opinion excerpt
Me. Justice Frankfurter delivered the opinion of the Court. This suit arose out of a proceeding before the National Railroad Adjustment Board. A dispute had arisen between the Order of Railroad Telegraphers (Telegraphers) and the Illinois Central Railroad Co. (Railroad) regarding the latter’s employment of a member of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees (Clerks) in a position which Telegraphers claimed should, under its collective bargaining agreement with Railroad, be assigned to a member of Telegraphers. After attempted settlement by negotiation had failed, Telegraphers submitted the dispute, in accordance with the Railway Labor Act, 44 Stat. 577, as amended, 48 Stat. 926, 45 U. S. C. § 151 et seq., to the Third Division of the National Railroad Adjustment Board. Notice of the proceeding was served by the Board on Telegraphers and Railroad. Railroad was then advised by letter that Clerks would prosecute a claim in the event that the rights of Clerks under their agreement with Railroad were adversely affected by the disposition of Telegraphers’ claim. Railroad filed a “submission” with the Board asserting that the disputed position involved clerical work of the type customarily performed by clerical forces in the industry and was in fact occupied by a member of Clerks, one Shears. Accordingly, Railroad contended,…
Excerpt of a 13,643-character opinion. The full text and citation network load in the interactive viewer above.