1. The Wage and Hour Administrator sued to enjoin alleged
violations of §§ 15(a)(2) and 15(a)(5) of the Fair Labor
Standards Act, requiring that minimum wages be paid to employees
covered by the Act and that appropriate records be kept concerning
their employment and pay. The trial court found that, as to one
group of alleged employees, the defendant railroad "for several
years past has been complying with the Act as to them and
apparently intends in good faith to do so in the future," and
denied the injunction. That finding was not challenged here, and no
argument was made here that it as not adequate to support denial of
the relief granted.
Held: denial of the injunction as to this group is
sustained. P.
330 U. S.
159.
2. Under facts practically identical with those involved in
Walling v. Portland Terminal Co., ante, p.
330 U. S. 148, and
for the reasons there stated, persons in training to become yard
and main-line firemen, brakemen, and switchmen for a railroad,
held not to be "employees" within the meaning of §
3(e) of the Fair Labor Standards Act. P.
330 U. S. 160.
155 F.2d 1016 affirmed.
The Wage and Hour Administrator sued to enjoin alleged
violations of §§ 15(a)(2) and 15(a)(5) of the Fair Labor
Standards Act, 52 Stat. 1060, 1068. The District Court denied the
injunction. 60 F. Supp. 1004. The Circuit Court of Appeals
affirmed. 155 F.2d 1016. This Court granted certiorari. 329 U.S.
696.
Affirmed., p.
330 U. S. 160.
Page 330 U. S. 159
MR. JUSTICE BLACK delivered the opinion of the Court.
The petitioner, Administrator of the Wage and Hour Division,
United States Department of Labor, filed this action in a Federal
District Court to enjoin alleged violations by the respondent
railroad of §§ 15(a)(2) and 15(a)(5) of the Fair Labor
Standards Act. 52 Stat. 1060, 1068. These sections require that
minimum wages be paid to employees covered by the Act, and that
appropriate records be kept concerning their employment and pay.
The railroad was charged with having violated the Act with regard
to two types of alleged employees: first, persons in training to
become yard and main-line firemen, brakemen, and switchmen; second,
others in training to become clerks, stenographers, callers,
messengers, and other similar general miscellaneous workers. The
District Court held that the first group were not "employees," and
therefore were not covered by the Act. On this ground alone, the
injunction was denied as to them. It also denied relief as to the
second group, clerks, etc., partly on this same ground. Another
ground for denying relief as to the second group was the court's
finding that the railroad "for several years past has been
complying with the Act as to them, and apparently intends in good
faith to do so in the future." 60 F. Supp. 1004, 1007-1008. The
Circuit Court of Appeals affirmed. 155 F.2d 1016, one judge
dissenting. We granted certiorari because of the importance of the
questions decided. 329 U.S. 696.
The finding of the District Court that the railroad had been
complying with the Act in good faith in its business relations with
the trainee clerks, stenographers, etc. is not challenged. No
argument is here made that this is not adequate support for denial
of the relief granted as to
Page 330 U. S. 160
this second group. Under these circumstances, we affirm the
court's action in denying an injunction to enjoin violations of the
Act as to these trainees. We therefore do not reach the question as
to whether this group as a whole, or any of the persons in it, were
or were not employees under the Act.
The sole ground for denying relief as to the persons training to
become firemen, brakemen, and switchmen was that they were not
employees. The findings of fact here as to the training of these
trainees are in all relevant respects practically identical with
the findings of fact in
Walling v. Portland Terminal Co.,
this day decided,
ante, p.
330 U. S. 148.
These findings of fact are not challenged. For the reasons set out
in that opinion, we hold that the Circuit Court of Appeals was not
in error in holding that the persons receiving training in order to
become qualified for employment as firemen, brakemen, and switchmen
are not employees within the meaning of the Fair Labor Standards
Act.
