BURGER, C. J., concurring

451 U.S.

court, where a preliminary injunction has become moot and an injunction bond has been issued. The proceedings here bear the marks of the haste characteristic of a request for a preliminary injunction: the parties have relied on a short stipulation of facts, and even the legal theories on which the University has relied have seemed to change from one level of the proceeding to another. The District Court and the Court of Appeals both properly based their decisions not on the ultimate merits of Camenisch's case but rather on the balance of the Canal Authority factors. While it is true that some of the Court of Appeals' language suggests a conclusion that Camenisch would win on the merits, the court certainly did not hold that the standards for a summary judgment had been met.

In sum, the question whether a preliminary injunction should have been issued here is moot, because the terms of the injunction, as modified by the Court of Appeals, have been fully and irrevocably carried out. The question whether the University must pay for the interpreter remains for trial on the merits. Until such a trial has taken place, it would be inappropriate for this Court to intimate any view on the merits of the lawsuit.

The judgment of the Court of Appeals is therefore vacated, and the case is remanded to the District Court for further proceedings consistent with this opinion.

CHIEF JUSTICE BURGER, concurring.

It is so ordered.

I join the Court's opinion, but I consider it important to emphasize several aspects of the case, especially as to the regulations.

It is undisputed that the University stood willing to permit respondent to have a sign-language interpreter present in the classroom at respondent's expense, and in fact had allowed that for some time prior to the filing of this lawsuit. It is also undisputed that the University's refusal to pay for an

390

BURGER, C. J., concurring

interpreter was based solely on the fact that respondent did not meet the University's established income criteria for financial assistance to graduate students.*

The Court's opinion, of course, is not to be read as intimating that respondent has any likelihood of success on the merits of his claim. The Court holds no more than that, since there has been no trial, respondent has a right to present evidence in support of his claim. The trial court must, among other things, decide whether the federal regulations at issue, which go beyond the carefully worded nondiscrimination provision of § 504, exceed the powers of the Secretary under § 504. The Secretary has no authority to rewrite the statutory scheme by means of regulations. Southeastern Community College v. Davis, 442 U. S. 397, 410 (1979); see also Pennhurst State School & Hospital v. Halderman, ante, at 17 ("[I]f Congress intends to impose a condition on the grant of federal moneys, it must do so unambiguously”).

*Respondent and his wife, who have no children, had a combined gross income in excess of $23,000 per year while he was enrolled as a student. Stipulation of Facts, App. 31. At oral argument, respondent asserted that even a $100,000 annual income would not affect his right to an interpreter at public expense.

The University advised respondent that its policy was to pay for interpreter services when the services were not available from other agencies such as the Texas Rehabilitation Commission and the Texas Commission for the Deaf, provided that "such assistance will be based on a reasonable interpretation of financial need on an individual basis, using guidelines already in effect for Federal and other financial assistance." According to those guidelines, respondent had zero financial need. Id., at 33.

STAATS, COMPTROLLER GENERAL OF THE UNITED STATES, ET AL. v. BRISTOL LABORATORIES DIVISION OF BRISTOL-MYERS CO.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE

SECOND CIRCUIT

No. 80-264. Argued March 24, 1981-Decided April 29, 1981

620 F. 2d 17, affirmed by an equally divided Court.

Mark I. Levy argued the cause for petitioners. With him on the briefs were Solicitor General McCree, Acting Assistant Attorney General Martin, Deputy Solicitor General Geller, Michael Kimmel, Robert Kaplan, and Milton J. Socolar.

Gilbert H. Weil argued the cause for respondent. With him on the brief was Robert L. Sherman."

PER CURIAM.

The judgment is affirmed by an equally divided Court.

JUSTICE STEWART took no part in the consideration or decision of this case.

*Philip Lacovara, Ronald A. Stern, Stanley L. Temko, Charles Lister, and Clare Dalton filed a brief for Merck & Co., Inc., et al. as amici curiae urging affirmance.

Syllabus

COMPLETE AUTO TRANSIT, INC., ET AL. v. REIS ET AL.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE

SIXTH CIRCUIT

No. 79-1777. Argued February 24, 1981-Decided May 4, 1981 Petitioner trucking companies are parties to a collective-bargaining agreement with the Teamsters Union that contains a no-strike clause. Respondent employees of petitioners commenced a wildcat strike because they believed the union was not properly representing them in negotiations to amend the collective-bargaining agreement. Thereafter, petitioners brought an action against respondents in Federal District Court under § 301 (a) of the Labor Management Relations Act, which confers jurisdiction on federal district courts to decide suits alleging violations of collective-bargaining agreements. Petitioners sought, inter alia, damages against respondents in their individual capacities for all losses arising out of the wildcat strike. The District Court dismissed the damages claim, and the Court of Appeals affirmed, holding that Congress had not intended through § 301 to create a cause of action for damages against individual union members for breach of a no-strike agreement.

Held: Section 301 (a) does not sanction damages actions by employers against individual employees for violating the no-strike provision of a collective-bargaining agreement, whether or not the union participated in or authorized the strike. The legislative history of § 301 clearly reveals Congress' intent to shield individual employees from liability for such damages, even though this results in leaving the employer unable to recover for his losses. While § 301 (b), which provides that any money judgment against a union for violation of a collective-bargaining agreement shall be enforceable only against the union and not against any individual member, explicitly addresses only union-authorized violations, the "penumbra" of § 301 (b), as informed by its legislative history, establishes that Congress meant to exclude individual strikers from damages liability, whether or not they were authorized by their union to strike. The history demonstrates that Congress deliberately chose to allow a damages remedy for breach of a no-strike provision only against unions, not individuals, and, as to unions, only when they participated in or authorized the illegal strike. Pp. 405-417.

614 F. 2d 1110, affirmed.

BRENNAN, J., delivered the opinion of the Court, in which STEWART, WHITE, MARSHALL, BLACKMUN, and STEVENS, JJ., joined. POWELL, J., filed an opinion concurring in part and concurring in the judgment, post, p. 417. BURGER, C. J., filed a dissenting opinion, in which REHNQUIST, J., joined, post, p. 424.

R. Ian Hunter argued the cause for petitioners. With him on the briefs was C. John Holmquist, Jr.

Hiram S. Grossman argued the cause and filed a brief for respondents.*

JUSTICE BRENNAN delivered the opinion of the Court.

In Atkinson v. Sinclair Refining Co., 370 U. S. 238 (1962), the Court held that § 301 (a) of the Labor Management Relations Act, 1947, 61 Stat. 156, 29 U. S. C. § 185 (a), does not authorize a damages action against individual union officers and members when their union is liable for violating a nostrike clause in a collective-bargaining agreement. We expressly reserved the question whether an employer might maintain a suit for damages against "individual defendants acting not in behalf of the union but in their personal and nonunion capacity" where their "unauthorized, individual action" violated the no-strike provision of the collective-bargaining agreement. 370 U. S., at 249, n. 7. We granted certiorari to decide this important question of federal labor law. 449 U. S. 898 (1980).

I

Petitioners are three companies engaged in the transportation by truck of motor vehicles. All three are parties to a collective-bargaining agreement with the Teamsters Union that covers operations at their respective facilities in Flint,

*J. Albert Woll, Laurence Gold, and George Kaufmann filed a brief for the American Federation of Labor and Congress of Industrial Organizations as amicus curiae urging affirmance.