US SUPREME COURT DECISIONS

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. chanrobles.com-red

Page 331 U. S. 520