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Tom Tunstall v. The Brotherhood of Locomotive Firemen and Enginemen is a 1944 Supreme Court case. It involved a black man, Tom Tunstall, who was unfairly dismissed from his job because of his race. ==Background== Plaintiff Tom Tunstall was a locomotive fireman, employed by the defendant company, Norfolk Southern Railway Company and its predecessor Norfolk Southern Railroad Company (both hereinafter called the Railway) on or prior to March 28, 1940. The plaintiff was rendered ineligible for membership in the Brotherhood of Locomotive Firemen and Enginemen (hereinafter called the Brotherhood) solely because of his race. On or about March 28, 1940, the Brotherhood initiated negotiations with the defendant Railway and other carriers. As a result, there was a collective bargaining agreement dated February 18, 1941. And ever since the beginning of the negotiations with the Railway until the result of the collective bargaining agreement, the Brotherhood has claimed to be the exclusive bargaining representative under the Railway Labor Act 48 Stat. 1185, 45 U. S. C. §§ 151 et seq.,.〔() Case summary page〕 In other words, when a labor union is certified as bargaining agent under the Railway Labor Act, it becomes the exclusive bargaining representative for the entire craft or class of the employees. Consequently, minority members of the bargaining unit can neither choose another representative of their choice nor engage in individual, independent bargaining. This would then often lead to less power for them due to the fact that their interests would not be properly represented by the bargaining representative and thus they have no choice but to remain without proper representation. During the entire time under consideration in this case, the Brotherhood maintained that the employment rights of the plaintiff and the class represented by him are governed by the said collective bargaining agreement dated February 18, 1941. The Brotherhood initiated the negotiations without notifying the plaintiff, Tom Tunstall, or any other members of his class.〔Houston opposes review of Tom Tunstall's case. (1947, Dec 13). Afro-American (1893-1988) Retrieved from ()〕 The Railway and the other carriers protested against the negotiations proposed by the Brotherhood and the Brotherhood invoked the services of the National Mediation Board without giving notice of such action to the plaintiff or any other members of his class. Moreover, the Brotherhood did not notify the plaintiff or any other members of his class after the execution of the contracts that such agreements had been executed0 Plaintiff Tunstall claimed that he suffered because of the Brotherhood’s modifications to the collective bargaining agreement. As a result of the negotiations, Tunstall was deprived of his seniority and rights by being removed from his job as a fireman. Instead, he was assigned more difficult and arduous work at a lower wage and was replaced by a white member of the brotherhood. This situation left the black firemen and enginemen voiceless and thus powerless, basically unable to protect their rights. Therefore, the plaintiff brought suit for declaratory judgment, injunction, and damages on account of discriminatory contract in favor of white members and against black members of the craft. However, the Fourth Circuit at the Circuit Court of Appeals dismissed the case on the ground that the federal courts lacked the jurisdiction over the case. The plaintiff therefore appealed to the Supreme Court of the United States. The Supreme Court reversed the dismissal of the Circuit Court and granted a writ of certiorari. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Tunstall v. The Brotherhood of Locomotive Firemen and Enginemen」の詳細全文を読む スポンサード リンク
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