Opinion · Supreme Court of the United States
Leedom v. Kyne
3 L. Ed. 2d 210
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1958-12-15
- Topic
- general
concluding that Congress favors “judicial protection of rights it confers against agency action taken in excess of its powers” | holding that judicial review is appropriate in the event of a blatant statutory violation of the Railway Labor Board | holding that federal courts have jurisdiction to strike down agency orders made in excess of the agency’s delegated powers | holding that the National Labor Relations Board had acted “in excess of its delegated powers and contrary to a specific prohibition of the [National Labor Relations] Act” | holding district court has jurisdiction to review clear ultra vires agency action if no other remedy exists to vindicate plaintiffs’ rights | noting that courts "cannot lightly infer that Congress does not intend judicial protection of rights it confers against agency action taken in excess of delegated powers." | recognizing exception to exhaustion requirement where administrative agency exceeded its statutory powers and parties would be deprived of judicial review in the absence of District Court jurisdiction | noting that courts “cannot lightly infer that Congress does not intend judicial protection of rights it confers against agency action taken in excess of delegated powers.” | recognizing exception to exhaustion requirement where administrative agency exceeded its statutory powers and parties would be deprived of judicial review in the absence of District Court jurisdiction | upholding injunction of agency action where petitioners had "no other means, within their control . . . to protect and enforce that right" | upholding injunction of agency action where petitioners had “no other means, within their control ... to protect and enforce that right” | holding, where Congress has given a "right" to a party, "it must be held that [Congress] intended that right to be enforced," particularly in situations where an agency is alleged to have acted in excess of its delegated powers | stating that ultra vires review requires the first two conditions “and” the third | upholding injunction against agency action when petitioners lacked any other means to protect or enforce their rights | allowing district court review of NLRB action taken in direct contravention of statutory limitations, prior to completion of agency proceedings | permitting review of alleged unlawful action "made in excess of [the Board's] delegated powers and contrary to a specific prohibition in the Act" | finding judicial review proper despite statutory preclusion of judicial review, where the NLRB acted “in excess of its delegated powers and contrary to a specific prohibition” in the NLRA | characterizing as a “right” the voting privilege granted to a private sector professional employee under similar provisions of the NLRA | invalidating an agency’s “attempted exercise of [a] power that had been specifically withheld” in the statute | upholding injunction [over otherwise unreviewable bargaining unit determination] of agency action where petitioners had "no other means within their control ... to protect and enforce that right" | allowing district court review of NLRB action taken in direct contravention of statutory limitations, prior to completion of agency proceedings | allowing district court jurisdiction to enjoin the NLRB from acting in a manner clearly contrary to statutory direction | noting district court has no jurisdiction over NLRA certification of union under 28 U.S.C. § 1337 in absence of exceptional circumstances | characterizing as a “right” the voting privilege granted to a private sector profes- sional employee under similar provisions of the NLRA | finding an agency action ultra vires that “deprived . . . employees of a ‘right’ assured to them by Congress” | rejecting a claim that the district court had jurisdiction despite a provision for exclusive appellate review because the plaintiffs had bypassed opportunities to challenge the regulation | declining to require exhaustion of administrative remedies whe
Citator
- Cited by
- 559 opinions
delivered the opinion of the Court.
Section 9 (b)(1) of the National Labor Relations Act, 49 Stat. 453, 61 Stat. 143, 29 U. S. C. §159 (b)(1),
The facts are undisputed. Buffalo Section, Westinghouse Engineers Association, Engineers and Scientists of America, a voluntary unincorporated labor organization, hereafter called the Association, was created for the purpose of promoting the economic and professional status of the nonsupervisory professional employees of Westinghouse Electric Corporation at its plant in Cheektowaga, New York, through collective bargaining with their employer. In October 1955, the Association petitioned the National Labor Relations Board for certification as the exclusive collective bargaining agent of all nonsuper-visory professional employees, being then 233 in number, of the Westinghouse Company at its Cheektowaga plant, pursuant to the provisions of § 9 of the Act, 29 U. S. C. § 159. A hearing was held by the Board upon that petition. A competing labor organization was permitted by the Board to intervene. It asked the Board to expand the unit to include employees in five other categories who performed technical work and were thought by it to be “professional employees” within the meaning of § 2 (12) of the Act, 29 U. S. C. § 152 (12). The Board found that
Thereafter respondent, individually, and as president of the Association, brought this suit in the District Court against the members of the Board, alleging the foregoing facts and asserting that the Board had exceeded its statutory power in including the professional employees, without their consent, in a unit with nonprofessional employees in violation of § 9 (b)(1) which commands that the Board “shall not” do so, and praying, among other things, that the Board’s action be set aside. The defendants, members of the Board, moved to dismiss for want of jurisdiction and, in the alternative, for a summary judgment. The plaintiff also moved for summary judgment. The trial court found that the Board had disobeyed the express command of § 9 (b)(1) in including nonprofessional employees and professional employees in
On the Board’s appeal it did not contest the trial court’s conclusion that the Board, in commingling professional with nonprofessional employees in the unit, had acted in excess of its powers and had thereby worked injury to the statutory rights of the professional employees. Instead, it contended only that the District Court lacked jurisdiction to entertain the suit. The Court of Appeals held that the District Court did have jurisdiction and affirmed its judgment. 101 App. D. C. 398, 249 F. 2d 490. Because of the importance of the question and the fact that it has been left open in our previous decisions, we granted certiorari, 355 U. S. 922.
Petitioners, members of the Board, concede here that the District Court had jurisdiction of the suit under § 24 (8) of the Judicial Code, 28 U. S. C. § 1337, unless the review provisions of the National Labor Relations Act destroyed it. In American Federation of Labor v. Labor Board, 308 U. S. 401, this Court held that a Board order in certification proceedings under § 9 is not “a final order” and therefore is not subject to judicial review except as it may be drawn in question by a petition for enforcement or review of an order, made under § 10 (c) of the Act, restraining an unfair labor practice. But the Court was at pains to point out in that case that “[t] he question [there presented was] distinct from . . . whether petitioners are precluded by the provisions of the Wagner Act from maintaining an independent suit in a district court to set aside the Board’s action because
The record in this case squarely presents the question found not to have been presented by the record in American Federation of Labor v. Labor Board, supra. This case, in its posture before us, involves “unlawful action of the Board [which] has inflicted an injury on the [respondent].” Does the law, “apart from the review provisions of the . . . Act,” afford a remedy? We think the answer surely must be yes. This suit is not one to “review,” in the sense of that term as used in the Act, a decision of the Board made within its jurisdiction. Rather it is one to strike down an order of the Board made in excess of its delegated powers and contrary to a specific prohibition in the Act. Section 9 (b) (1) is clear and mandatory. It says that, in determining the unit appropriate for the purposes of collective bargaining, “the Board shall not (1) decide that any unit is appropriate for such purposes if such unit includes both professional employees and employees who are not professional employees unless a majority of such professional
In Texas & New Orleans R. Co. v. Railway Clerks, 281 U. S. 548, it was contended that, because no remedy had been expressly given for redress of the congressionally created right in suit, the Act conferred “merely an abstract right which was not intended to be enforced by legal proceedings.” Id., at 558. This Court rejected that contention. It said: “While an affirmative declaration of duty contained in a legislative enactment may be of imperfect obligation because not enforceable in terms, a definite statutory prohibition of conduct which would thwart the declared purpose of the legislation cannot be disregarded. ... If Congress intended that the prohibition, as thus construed, should be enforced, the courts would encounter no difficulty in fulfilling its purpose .... The definite prohibition which Congress inserted in the Act can not therefore be overridden in the view that Congress intended it to be ignored. As the prohibition was appropriate to the aim of Congress, and is capable of enforcement, the conclusion must be that enforcement was contemplated.” Id., at 568, 569. And compare Virginian R. Co. v. System Federation, 300 U. S. 515.
In Switchmen’s Union v. National Mediation Board, 320 U. S. 297, this Court held that the District Court did not have jurisdiction of an original suit to review an order
Here, differently from the Switchmen’s case, “absence of jurisdiction of the federal courts” would mean “a sacrifice or obliteration of a right which Congress” has given professional employees, for there is no other means, within their control (American Federation of Labor v. Labor Board, supra), to protect and enforce that right. And “the inference [is] strong that Congress intended the statutory provisions governing the general jurisdiction of those courts to control.” 320 U. S., at 300. This Court cannot lightly infer that Congress does not intend judicial protection of rights it confers against agency action taken in excess of delegated powers. Cf. Harmon v. Brucker, 355 U. S. 579; Stark v. Wickard, 321 U. S. 288; School of Magnetic Healing v. McAnnulty, 187 U. S. 94.
The Court of Appeals was right in holding, in the circumstances of this case, that the District Court had jurisdiction of this suit, and its judgment is
Affirmed.