order railroad telegraphers railway express agency argued november decided february william mcrae atlanta petitioner blair foster atlanta respondent justice jackson delivered opinion hoary litigation presents question whether carrier contracts individual employees made supersede expand terms agreement collectively bargained employer union view provisions railway labor act et applicable controversy arose petitioner union designated represent certain crafts classes employees carriers railroad employees involved agents stations seaboard airline railroad primarily employees railway secondarily railway express agency receive compensation employer years represented union bargaining collective agreements predecessor express companies last executed assumed respondent march express company began handle new business consisting mainly carload shipments perishables formerly handled railroad company freight express company thought change volume character shipments warranted adjustment rates pay applicable certain agencies shipments originated railway labor act effect provided carriers representatives employees give least thirty days written notice intended change affecting rates pay rules working conditions agree upon time place conference collective agreement also provided change made terms days notice writing given express company gave notice union signatory collective agreement instead gave individual notices agents compensation shipments per car notices one division going march another april becoming effective april agents involved various objections negotiations individually accepted rate although controversy whether acceptance wholly voluntary purposes decision however assume voluntary assent provisions railway labor act valid individual contracts resulted local chairman union protested insisted collective bargaining must control compensation agents express company declined accede claims union claim agents must compensated collective agreement remained unadjusted attempts adjust renewed general chairman voluntary board adjustment agreed upon provided act statutory board created company refused join union petition union october gave notice intention refer dispute board company challenged board jurisdiction hearing board deadlocked referee named objections jurisdiction overruled hearing merits directed hearing board deadlocked referee chosen december award sustaining claims agents entitled compensation provided collectively bargained agreement made accompanied holding individual contracts ineffective company failed comply award december almost two years present action commenced district district courts given jurisdiction enforce awards board orders findings declared facie evidence facts therein stated laws first stat first june decision rendered district enforced adjustment board award circuit appeals reversed upon ground collective agreement superseded validly individual contracts upon ground claims collective agreements barred statute limitations questions unsettled ones important administration current railway labor act granted certiorari company contends special voluntary individual contracts rates pay rules conditions employment may validly made notwithstanding existence collective agreement terms individual agreements supersede collectively bargained one true statutes requiring collective bargaining little substance made collectively promptly unmade individually said however case agreements affect relatively agents specially uniquely situated apparently true application collective agreement results award one agent period less others awards hundred dollars collective bargaining defined statute provided generally considered absorb give statutory approval philosophy bargaining worked labor movement first position labor reference wage structure industry much like carriers rate structures insisted exceptional situations often importance whole introduce competitions discriminations upsetting entire structure hence effective collective bargaining generally conceded include right representatives unit consulted bargain exceptional well routine rates rules working conditions collective bargains need always settle embrace every exception may agreed particular situations reserved individual contracting either completely within prescribed limits proposed rate pay submitted collective bargaining process might settled thereby might resulted agreement company free negotiate agents severally company observe right representatives whole unit notified dealt concerning matter employee point view may exceptional may provide leverage taking away advantages collective contract decision case national labor relations board decided today considers generally relation individual contracts collective bargaining much said opinion applicable hold failure carrier proceed provided railway labor act applicable left collective agreement force throughout period carrier efforts modify terms individual agreements effective award therefore accordance law circuit appeals held claims barred state statute limitations applicable forum true enforcement award results entering judgment claims began accrue ceased accrue six years suit district commenced also true accrued large amounts action brought action recover wages like moore illinois cent quite different question limitations presented action brought however action one statutory origin enforce award administrative tribunal special limitation time award prescribed federal action brought within period clear action enforce award suit barred must therefore opinion circuit appeals statute barred administrative tribunal making award claims old federal statute limitations applicable unadjusted claims adjustment board may consider difficult see state statutes limitations restrict power federal administrative tribunal consider adjust claims moreover even statute apply claims collective contract think proceedings claims initiated board well within time therefore claims barred must time occupied litigation adjustment board operates defeat state statute limitations hardly destroy claim period actual contest federal tribunal extends beyond limitation period statutes limitation like equitable doctrine laches conclusive effects designed promote justice preventing surprises revival claims allowed slumber evidence lost memories faded witnesses disappeared theory even one claim unjust put adversary notice defend within period limitation right free stale claims time comes prevail right prosecute litigation shows evidence reckless haste part either party cnanot said claims timely pursued regrettable long delay caused exigencies contest neglect proceed find basis applying state statute limitations cut right adjustment board consider claims absolve courts duty enforce award judgment circuit appeals reversed justice roberts opinion judgment affirmed reasons given opinion circuit appeals footnotes stat provided representatives employees shall give least thirty days written notice intended change affecting rates pay rules working conditions time place conference representatives parties interested intended changes shall agreed upon within ten days receipt said notice said time shall within thirty days provided notice act contains similar provision stat stat note act stat first first provides disputes employee group employees carrier carriers growing grievances interpretation application agreements concerning rates pay rules working conditions including cases pending unadjusted date approval act shall handled usual manner including chief operating officer carrier designated handle disputes failing reach adjustment manner disputes may referred petition parties either party appropriate division adjustment board full statement facts supporting data bearing upon disputes cf heinz national labor relations board see lenhoff present status collective contracts american legal system daugherty labor problems american industry taylor labor problems labor law et seq golden ruttenberg dynamics industrial democracy et seq act first stat first first actions law based upon provisions section shall begun within two years time cause action accrues award division adjustment board