No. 112.

315 U.S. 386 (1942)


Supreme Court of United States.

Decided March 2, 1942.

Attorney(s) appearing for the Case

Mr. Frank F. L'Engle for petitioners in No. 112.

By special leave of Court, Mr. Robert L. Stern argued the cause for the Administrator of the Wage and Hour Division, U.S. Department of Labor, as amicus curiae, in No. 112; and Solicitor General Fahy and Messrs. Robert L. Stern, Warner W. Gardner, Irving J. Levy, and John E. Skilling were on the brief for the Administrator, as amicus curiae, in Nos. 112 and 1023.

Mr. John Dickinson, with whom Mr. Julian Hartridge was on the brief, for respondent in No. 112.

Mr. Charles M. Hay, with whom Messrs. S.D. Flanagan and E.D. Franey were on the brief, for petitioner in No. 1023.

Messrs. Robert G. Payne and John Dickinson argued the cause, and Mr. Payne was on the brief, for respondent in No. 1023.

MR. JUSTICE REED delivered the opinion of the Court.

The question presented by both these cases is whether a railroad company operating a terminal subject to the Railway Labor Act and the Fair Labor Standards Act of 1938 is required by those statutes, in the absence of a negotiated agreement respecting wages, to pay "redcaps" a fixed minimum hourly wage irrespective of the tips from passengers received by the redcaps, or whether an accounting and guarantee plan which...

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