barrentine
freight
system
argued
january
decided
april
petitioner
truckdrivers
paid
time
spent
conducting
required
pretrip
safety
inspection
respondent
employer
motor
carrier
trucks
transporting
trucks
fail
inspection
employer
repair
facility
petitioners
union
submitted
wage
claim
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pretrip
inspection
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time
joint
grievance
committee
pursuant
agreement
petitioners
employer
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committee
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claim
without
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petitioners
filed
action
federal
district
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pretrip
safety
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time
compensable
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flsa
therefore
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statutory
remedy
actual
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damages
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attorney
fees
also
alleged
respondent
union
breached
duty
fair
representation
sought
joint
grievance
committee
decision
set
aside
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compensation
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agreement
district
addressed
claim
rejected
appeals
affirmed
also
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district
correct
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flsa
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petitioners
voluntary
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barred
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claims
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pp
brennan
delivered
opinion
stewart
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marshall
blackmun
powell
stevens
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burger
filed
dissenting
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rehnquist
joined
post
david
vladeck
argued
cause
petitioners
briefs
alan
morrison
arthur
fox
ii
walton
maurras
argued
cause
filed
brief
respondents
briefs
amici
curiae
urging
reversal
filed
solicitor
general
mccree
deputy
solicitor
general
geller
barbara
etkind
donald
shire
lois
williams
mautner
albert
woll
laurence
gold
american
federation
labor
congress
industrial
organizations
justice
brennan
delivered
opinion
issue
case
whether
employee
may
bring
action
federal
district
alleging
violation
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wage
provisions
fair
labor
standards
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stat
amended
et
unsuccessfully
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wage
claim
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underlying
facts
joint
grievance
committee
pursuant
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union
agreement
petitioner
truckdrivers
employed
little
rock
terminal
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freight
systems
interstate
motor
carrier
freight
accordance
federal
regulations
employment
practices
petitioners
required
conduct
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trucks
commencing
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transport
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cfr
petitioners
compensated
employer
time
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union
respondent
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brotherhood
teamsters
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warehousemen
helpers
petitioner
barrentine
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driver
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series
grievances
alleged
art
agreement
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drivers
time
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transportation
time
petitioners
union
presented
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grievance
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composed
three
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union
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employer
rejected
grievances
without
explanation
app
march
petitioners
filed
action
district
eastern
district
arkansas
first
count
complaint
petitioners
alleged
pretrip
safety
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time
compensable
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labor
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et
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entitled
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remedy
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attorney
fees
second
count
petitioners
alleged
union
president
breached
union
duty
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representation
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side
deal
regarding
compensation
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respect
claim
petitioners
sought
decision
joint
grievance
committee
set
aside
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compensation
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agreement
district
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representation
claim
conceded
evidence
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side
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found
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judge
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petitioners
flsa
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emphasizing
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labor
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employees
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finding
petitioners
voluntarily
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concluded
barred
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claim
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action
granted
certiorari
reverse
ii
two
aspects
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labor
policy
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reflected
statutes
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unions
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entitlement
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national
policy
favoring
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first
expressed
national
labor
relations
act
et
seq
wagner
act
received
expression
definition
labor
management
relations
act
et
seq
act
predicated
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asked
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brought
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title
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civil
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facts
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petitioner
bound
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appeals
affirmed
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employee
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right
trial
de
novo
title
vii
foreclosed
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final
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vii
congress
granted
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title
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rights
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rec
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president
roosevelt
statutory
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martino
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arbitrators
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law
shop
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steelworkers
warrior
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many
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rather
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hold
petitioners
claim
barred
prior
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procedures
stated
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seeks
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contractual
right
agreement
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filing
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asserts
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vitiated
merely
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result
factual
occurrence
certainly
inconsistency
results
permitting
rights
enforced
respectively
appropriate
forums
reversed
footnotes
second
driver
seates
longer
party
litigation
article
part
employees
covered
agreement
shall
paid
time
spent
service
employer
rates
pay
provided
agreement
shall
minimums
time
shall
computed
time
employee
ordered
report
work
registers
time
effectively
released
duty
payment
employee
time
driving
shall
hourly
rate
app
respondents
contend
grievances
presented
claim
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addition
claim
agreement
see
although
neither
district
appeals
addressed
contention
judge
heaney
dissenting
opinion
appeals
concluded
petitioners
intent
submit
flsa
claim
arbitration
submitted
arbitration
hold
petitioners
precluded
bringing
action
federal
either
case
need
resolve
factual
dispute
article
part
unions
employers
agree
shall
strikes
lockouts
tieups
legal
proceedings
without
first
using
possible
means
settlement
provided
agreement
national
agreement
applicable
controversy
might
arise
disputes
shall
first
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employer
local
union
involved
failing
adjustment
parties
following
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apply
state
multiple
state
committee
majority
vote
settles
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appeal
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southern
conference
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plaintiffs
included
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seates
three
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four
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last
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never
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grievances
joint
committee
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refused
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resort
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joint
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thus
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ed
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pet
cert
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title
shall
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plaintiffs
allow
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hines
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bulk
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employee
returning
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need
pursue
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arbitration
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seniority
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universal
military
training
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three
components
petitioners
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contend
pretrip
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effect
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whether
petitioners
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mandatory
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employer
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pay
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employer
shall
employ
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workweek
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forty
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encourage
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claim
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represents
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arbitrators
lawyers
see
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committees
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union
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hold
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resolve
questions
contractual
rights
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remains
regardless
whether
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contractual
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duplicative
substantive
rights
secured
statute
chief
justice
burger
justice
rehnquist
joins
dissenting
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moves
rather
blithely
seems
unnecessarily
direction
counter
needs
interests
workers
employers
contrary
interests
judicial
system
theory
result
advances
congressional
policy
careful
analysis
reveals
congress
anything
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funds
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executive
branch
department
justice
judicial
branch
undertaken
studies
pilot
programs
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claims
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moves
precisely
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objectives
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agreement
parties
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sense
situation
moves
toward
making
federal
courts
small
claims
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concept
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jurisdiction
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congressionally
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workers
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wage
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agreement
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employer
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savings
bank
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creates
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cause
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vindicate
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wage
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indeed
totally
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proposition
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employees
employers
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agree
means
enforcing
employees
routine
wage
claims
outside
costly
cumbersome
judicial
process
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courts
specifically
employees
acting
union
negotiation
employer
may
bind
petitioners
submit
final
binding
arbitration
controversy
might
arise
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rather
resolve
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right
provision
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forum
necessarily
make
either
nonwaivable
holdings
countless
decisions
federal
state
courts
parties
bound
contracts
arbitrate
placed
doubt
question
whether
statutory
right
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depends
upon
intention
congress
manifested
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statute
brooklyn
saving
bank
supra
unfortunately
neither
parties
amicus
curiae
point
clear
answer
question
legislative
history
fair
labor
standards
act
hornbook
law
however
strong
congressional
policy
favoring
grievance
procedures
arbitration
method
resolving
labor
disputes
see
labor
management
relations
act
act
acknowledged
policy
past
see
steelworkers
warrior
gulf
navigation
steelworkers
enterprise
wheel
car
textile
workers
lincoln
mills
today
pays
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congressional
policy
ante
paradoxically
ignores
reasons
favoring
arbitration
wise
obvious
litigation
costly
time
consuming
point
case
judges
less
adapted
nuances
disputes
typically
arise
shops
factories
shop
stewards
business
agents
managerial
supervisors
traditional
ad
hoc
panels
factfinders
see
steelworkers
warrior
gulf
navigation
supra
bringing
together
persons
actually
involved
workplace
often
assisted
neutral
arbitrator
experienced
matters
disputes
resolved
swiftly
cheaply
mechanism
promotes
industrial
harmony
avoids
strikes
conflicts
provides
swift
fair
inexpensive
remedy
policy
favoring
extrajudicial
methods
resolving
disputes
reflected
areas
well
federal
courts
flooded
litigation
increasing
volume
length
variety
novel
forms
national
institute
justice
leadership
attorney
general
griffin
bell
launched
program
field
studies
test
whether
mediation
neighborhood
level
resolve
small
disputes
courts
fashion
satisfactory
parties
neighborhood
justice
centers
field
test
final
evaluation
report
results
study
similar
studies
financed
private
sources
confirmed
many
long
suspected
small
disputes
may
resolved
swiftly
satisfaction
parties
without
employing
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processes
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national
institute
justice
recommended
study
implementation
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procedures
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justice
centers
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test
supra
congress
recognized
problem
authorized
studies
dispute
resolution
act
stat
ii
rejecting
binding
arbitration
resolution
relatively
simple
wage
claim
arising
fair
labor
standards
act
thereby
rejects
well
policy
congress
followed
least
half
century
throughout
field
labor
relations
applied
areas
well
reach
strange
result
relies
holding
alexander
case
sense
compels
today
holding
congressionally
created
right
title
vii
civil
rights
act
et
aimed
guaranteeing
workplace
free
discrimination
racial
otherwise
fundamental
right
subject
waiver
agreement
negotiated
union
obviously
vast
difference
resolving
allegations
discrimination
civil
rights
act
settling
relatively
typical
simple
wage
dispute
parties
expressly
agreed
resolve
grievances
arbitration
long
history
union
discrimination
minorities
women
happily
receding
led
congress
forbid
discrimination
unions
well
employers
see
background
union
discrimination
congress
aware
context
claims
civil
rights
act
unions
sometimes
adversary
workers
plainly
comport
congressional
objectives
behind
statute
seeking
enforce
civil
rights
protected
title
vii
allow
forces
practiced
discrimination
contract
away
right
enforce
civil
rights
courts
federal
courts
defer
arbitral
decisions
reached
combination
forces
long
perpetuated
invidious
discrimination
made
foxes
guardians
chickens
case
discrimination
case
even
beyond
historical
fact
union
discrimination
observed
arbitrators
likely
needed
experience
deal
special
issues
arising
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rights
act
statute
whose
broad
language
frequently
given
meaning
reference
public
law
concepts
leaving
resolution
discrimination
claims
persons
unfamiliar
congressional
policies
behind
statute
undermined
enforcement
fundamental
rights
congress
intended
protect
tension
seen
ante
simply
present
dispute
wages
fair
labor
standards
act
arises
entirely
different
historical
legal
context
setting
union
employee
traditional
allies
enforcing
wage
claims
employees
individually
well
collectively
distorts
possibility
union
leadership
might
fail
protect
members
interests
wage
dispute
ante
rare
exception
arose
protection
employee
abundantly
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union
duty
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vaca
sipes
despite
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view
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whether
time
spent
driver
inspection
vehicle
taking
road
required
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law
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repair
facility
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compensable
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wage
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petitioner
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grievance
factual
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processes
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vehicle
inspection
mandated
employer
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regulation
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regulation
places
responsibility
inspect
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directly
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primarily
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dispute
unilaterally
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courts
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traditionally
entrusted
parties
bargaining
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iii
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patience
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study
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urging
establishment
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mechanisms
keep
matters
kind
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see
pound
conference
perspectives
justice
future
passim
west
pub
american
bar
report
national
conference
minor
disputes
resolution
passim
federal
government
noted
earlier
spent
millions
dollars
pilot
programs
experimenting
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procedures
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mechanisms
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disputes
approving
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resolution
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means
matter
tailoring
means
problem
involved
resolution
minor
disputes
joint
hearings
subcommittee
courts
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liberties
administration
justice
house
committee
judiciary
subcommittee
consumer
protection
finance
house
committee
interstate
foreign
commerce
testimony
assistant
attorney
general
meador
oblivious
desperately
needed
changes
keep
federal
courts
inundated
disputes
kind
handled
swiftly
cheaply
methods
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filings
fiscal
year
increase
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number
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risen
annual
report
director
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joined
conference
chief
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american
bar
association
sponsor
conference
search
ways
improving
justice
emphasis
alternative
means
resolving
disputes
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pound
conference
perspectives
justice
future
west
pub
cases
matters
voluntarily
referred
centers
three
study
cities
atlanta
kansas
city
los
angeles
resolved
form
either
hearing
simply
placing
parties
contact
neighborhood
justice
centers
field
test
final
evaluation
report
resolution
came
within
matter
days
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interviews
conducted
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disputants
mediated
cases
six
months
later
complainants
respondents
satisfied
experience
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respondents
satisfied
agreement
reached
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bargain
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felt
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problems
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see
steelworkers
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sources
cited
therein
burger
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count
petitioners
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alleged
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