Citations
- 83 F. Supp. 63
Full opinion text
RUSSELL, District Judge.
The issues here presented are of the kind which require consideration of the nature of the controversy before the question of jurisdiction may be determined. In such instances, a conclusion is sometimes reached as to the merits which render unnecessary a full determination of the jurisdictional question. The present is such an instance.
Regardless of the question of jurisdiction, the contention of the complain) essential to the maintenance of the suit, is that the provisions of paragraph 35 of the contract create “a system adjustment board” for the air carrier and its employees such as is required by the terms of Title 45 U.S.C.A. § 184. This contention can not be sustained. By its terms, Section 34 of the contract, and not Section 35, more nearly approaches the true constitution and function of the adjustment board provided by Section 153 of Title 45 U.S.C.A., which is by Section 184 made applicable to the air carriers and their employees. The arbitration provisions of Section 35 of the contract are very similar to the arbitration provisions of Section 157 of the Railway Labor Act except for the most material difference that under Section 157 arbitration is not compulsory under the statute. In any event, Section 35 of the contract properly can not be held to be the “adjustment board” required by Section 184, supra. It will not do for the complainant to proceed to combine the requirement of Section 153 as to the appointment of boards