Twin-City herald. [volume] (Minneapolis, Minn.) 1927-1940, 1932-11-19

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The purpose Of the suit is to. secure
an injunction restraining the Pullman !.
company from interfering with the
rights of its porters and maids to self.
organization by the operation of its
company union (the employee repre-
sentation plan), which is a violation
of the Railway Labor act of 192s9and
the Norris-LaGuardia law passed by
congress March 20, 1892. states RAN .
dolph
Involves Labor.
Part of the written opinion reads
as follows: "This first question to be =
determined is does the bill seek relief
under the Railway Labor act and!
does 1t involve labor dispute? I'm.
der the authority of the Texas & New
Orleans Railroad companyeiet al, YER
sus the Brotherhood of Railway and
Steamship Clerks, ct alg the answer
to the first question must be In the
affirmative. AS to the second ques-.
iton, 1t is only necessary to cali at
tention to the act of congress March
%, 1882 (the Norris.LaG uardia 'iamsE
against practices of yellow dog con.
tracts and company unions)"
Referring to the contention Of the
Pullman company that there is no
dispute, Judge Johnson drew a COM
parison of the Texas & New Orleans
Railroad company versus the Broth
erhood of Railway and steamship 3
Clerks and writes as his opinion that :
the Brotherhood Of Sleeping Car Por- ).
tiers is composed of sleeping car por-
tiers and maids in the employ of the
defendant as in the above case, or
ganized in the same manner and for
the same purpose.
Rebukes Company.
AS mild rebuke to another con.
tention by the Pullman company that
the Brotherhood of Sleeping Car
Porters cannot maintain this action
(a) because 1t cannot act as ."dAsig-
mated representative" under the apro-
visions of the Railway Labor act, and
(b) it cannot bring this action as "a
class action under Equity Rules .>.s7
and 3S, Judge Johnson recites Sec
ton 2 of the Railway Labor act as
follows: -
Representatives for the purpose OF
this act shall be designated by the
respective parties in such manner as
may be provided in their corporate
organization or unincorporated asso-
citation, or by other means of collec-
tive action, without interference, In
fluence, or. coercion exercised by
either party over the self-organization
or designation of representatives by
the other" -
Recognizes Union.
From the language of this act the
court can reach no other conclusion
than that the employees (viz, porters
and maids) within the meaning of
the Railway Labor act could "desig-
nate" the plaintiff, Brotherhood of
Sleeping Car Porters. as their repre-
sentative.
Continuing he said: "The court has
therefore reached the conclusion that
the plaintiff, via. Brotherhood of
Sleeping Car Porters, in this cause is
the proper plaintiff and under the pro-
visions of the Railway Labor act and
for reasons above indicated, the clerk
of the court will enter an order over
ruling defendants pullman company
motion to dismiss the bill of COM
plant"
This is one OF the most significant
cases ever raised In equity to protect
the economic rights of the Negro in
the history of the country, observes
A. Philip Randolph. president. It is
not only vital to the porters but to
the entire American labor movement,
he states.