UNITED STATES SUPREME COURT DECISIONS ON-LINE

1. Under § 17(11) of the Interstate Commerce Act, as amended by the Transportation Act of 1940, a union duly designated as the representative of employees of a railroad is given an absolute right, within the meaning of Rule 24(a)(1) of the Federal Rules of Civil Procedure, to intervene in a suit brought under § 16(12) to enjoin the railroad and its employees from violating an order of the Interstate Commerce Commission where the injunction sought would prevent the railroad from carrying out a contract with the union and was directed in part against the employees. Pp. 331 U. S. 525-526.

(a) The right of intervention granted to representatives of employees of carriers by § 17(11) applies to a court proceeding under § 16(12), and not merely to proceedings before the Commission. Pp. 331 U. S. 526-530.

(b) The right to intervene granted by § 17(11) is absolute, and not merely permissive. Pp. 331 U. S. 530-532.

(c) A suit is one "affecting such employees" within the meaning of § 17(11) if the employees would be prejudiced or bound by any judgment that might be entered in the case. Pp. 331 U. S. 530-531.

2. An order of a district court denying a union the right under § 17(11) to intervene in such a case is appealable to this Court, which has jurisdiction to consider the appeal on its merits. Pp. 331 U. S. 524-525, 331 U. S. 531-532.

Reversed.

A district court denied a petition of a union of railroad employees to intervene under § 17(11) of the Interstate Commerce Act and Rule 24(a) of the Federal Rules of Civil Procedure in a suit brought under § 16 (12) to enjoin the railroad and its employees from violating an order of the Interstate Commerce Commission. On appeal to this Court, reversed, p. 331 U. S. 532. clubjuris

Page 331 U. S. 520