Hayes

This appeal tenders the question whether the United States District Court has jurisdiction under the Railway Labor Act, 45 U.S.C.A. § 151 et seq., of an employee’s complaint charging racial discrimination in the performance of a collective bargaining agreement. The appellant Hayes for himself and others similarly situated, all of whom are Negro members of appellee Dining Car Employees Union Local #372, sought an injunction and other equitable relief in the court below against acts of alleged discrimination by respondent Railroad against appellant and his associates in the making of seniority assignments and promotions. The respondents’ motion below to dismiss, for lack of jurisdiction over the subject matter, was granted. It was not claimed below nor here that the collective bargaining agreement executed by respondent Union, as the bargaining representative of the employees, and respondent Railroad, in any manner by its terms, directly or indirectly, provided for any discrimination against appellants. Appellants claimed below only that the conduct of the respondents in performing the agreement was discriminatory. It was also contended on ap peal that the respondents entered into…