Marine Engineers Beneficial Ass'n v. Interlake Steamship Co.
Marine Engineers Beneficial Ass'n v. Interlake Steamship Co.
Opinion of the Court
delivered the opinion of the Court.
In San Diego Building Trades Council v. Garmon, 359 U. S. 236, this Court held that the proper administration of the federal labor law requires state courts to relinquish jurisdiction not only over those controversies actually found to be within the jurisdiction of the National Labor Relations Board, but also over litigation arising from activities which might arguably be subject to that agency’s cognizance. Only such a rule, the Court held, will preserve for the Labor Board its congressionally delegated function of deciding what is and what is not within its domain.
The essential facts which gave rise to this controversy are not in dispute. The respondents owned and operated a fleet of bulk cargo vessels on the Great Lakes. MEBA and Local 101 were, unions which represented marine engineers employed on the Great Lakes and elsewhere.
On November 11, 1959, the respondents’ vessel, Samuel Mather, arrived at the dock of the Carnegie Dock and Fuel Company in Duluth, Minnesota. The following morning several members of Local 101 began to picket at the only entrance road to the Carnegie dock. They carried signs which read: “Pickands Mather Unfair to Organized Labor. This Dispute Only Involves P-M. M. E. B. A. Loe. 101 AFL-CIO.” and “M. E. B. A. Loe. 101. AFL-CIO. Request P-M Engineers to Join with Organized Labor to Better Working Conditions. This Dispute Only Involves P-M.” When the pickets appeared, employees of the Carnegie Dock and Fuel Company refused to continue unloading the Samuel Mather. As a result, the ship was forced to remain at the dock, and another of the respondents’ steamers, the Pickands, was compelled to ride at anchor outside the harbor for a number of days, because the Carnegie dock could accommodate but one vessel at a time.
The Garmon case dealt with rules of conduct — whether certain activities were protected by § 7 or prohibited by § 8 of the Act. In the present case it has hardly been disputed, nor could it be, that the petitioners’ conduct was of a kind arguably prohibited by § 8 (b) (4) (A) of the Act and thus within the primary jurisdiction of the Board, if MEBA and Local 101 were “labor organizations”
It is the petitioners’ contention that the issue to be determined in this case is not whether the state courts correctly decided their “labor organization” status, but whether the state courts were free to finally decide that issue at all. The petitioners contend that the principles of the Garmon decision confined the state court to deciding
We see no reason to assume that the task of interpreting and applying the statutory definition of a “labor organization” does not call for the same adjudicatory expertise that the Board must bring to bear when it determines the applicability of §§ 7 and 8 of the Act to substantive conduct. Indeed, analysis of the problem makes clear that the process of defining the term “labor organization” is one which may often require the full range of Board competence.
The term “labor organization” is defined by § 2 (5) of. the Act, which says:
“The term ‘labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.” 29 U. S. C. § 152 (5).
The part of that definition at issue in the present case is the requirement that “employees participate” in the organization. As defined by § 2 (3) of the Act, “[t]he term ‘employee' . . . shall not include . . . any individual employed as a supervisor ....'' 29 U. S. C. § 152 (3).
“. . . any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off,*179 recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.” 29 U. S. C. § 152 (11).
The statutory definition of the term “supervisor” has been the subject of considerable litigation before the NLRB and in the federal courts.
The considerations involved in answering these questions are largely of a kind most wisely entrusted initially to the agency charged with the day-to-day administration of the Act as a whole. The term “labor organization” appears in a number of sections of the Act. Section 8 (a) (2), for example, forbids employers to “dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it . . . .” 29 U. S. C. § 158 (a) (2). Section 8 (a) (3) makes it an unfair labor practice for an employer, by certain discriminatory conduct, “to encourage or discourage membership in any labor organization . . . .” 29 U. S. C. §158 (a)(3). Section 9(c), dealing with the largely
There persuasive evidence was introduced to show that all the marine engineers employed by the respondents were in fact supervisors.
Reversed.
“At times it has not been clear whether the particular activity regulated by the States was governed by § 7 or § 8 or was, perhaps, outside both these sections. But courts are not primary tribunals to adjudicate such issues. It is essential to the administration of the Act that these determinations be left in the first instance to the National Labor Relations Board. What is outside the scope of this Court’s authority cannot remain within a State’s power and state jurisdiction too must yield to the exclusive primary competence of the Board.” 359 U. S., at 244r-245.
The record shows that Local 101 was hardly a “local” in the conventional sense of that term. It had branch offices not only throughout the Great Lakes area,- but also in Brooklyn, San Francisco, and Houston, among other places, and there were “approximately 35 to 40 locals-in 101; some are very small, some are very large.”
Potential NLRB jurisdiction under § 8 (b) is the only basis upon which the petitioners have claimed preemption of state court jurisdiction. See note 4, infra.
On November 12,1959, the day the picketing began, § 8 (b) (4) (A) provided as follows:
“It shall be an unfair labor practice for a labor organization or its agents—
“(4) to engage in, or to induce or encourage the employees of any employer to engage in, a strike or a concerted refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services, where an object thereof is: (A) forcing or requiring any employer or self-employed person to join any labor or employer organization or any employer or other person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person ...” 29 U. S. C. §158 (b)(4) (A).
Shortly thereafter the amendments made by the Labor-Management Reporting and Disclosure Act became effective, and § 8 (b) (4) (A) became § 8 (b) (4) (B), 29 U. S. C. (Supp. II) § 158 (b) (4) (B). The here-pertinent language of the amended sections remained virtually the same.
We express no opinion on the ultimate applicability of these provisions. Compare Sailors’ Union of the Pacific (Moore Dry Dock Co.), 92 N. L. R. B. 547, with National Maritime Union (Standard Oil Co.), 121 N. L. R. B. 208, enforced, 274 F. 2d 167. See generally, Local 761, Electrical Workers v. Labor Board, 366 U. S. 667.
The decision of Congress to forego regulation of labor relations between employers and their supervisory personnel was the product
Compare, e. g., Globe Steamship Co. (Great Lakes Engineers Brotherhood), 85 N. L. R. B. 475, with National Maritime Union (Standard Oil Co.), 121 N. L. R. B., at 209-210, and Graham Transp. Co. (Brotherhood of Marine Engineers), 124 N. L. R. B. 960. See generally, Labor Board v. Brown <£ Sharpe Mfg. Co., 169 F. 2d 331; Labor Board v. Edward G. Budd Mfg. Co., 169 F. 2d 571; Ohio Power Co. v. Labor Board, 176 F. 2d 385; Labor Board v. Quincy Steel Casting Co., 200 F. 2d 293. Summarizing the many federal court decisions in this area, the Court of Appeals for the First Circuit recently said, “. . . the gradations of authority 'responsibly to direct’ the work of others from that of general manager or other top executive to ‘straw boss’ are so infinite and subtle that of necessity a large measure of informed discretion is involved in the exercise by the Board of its primary function to determine those who as a practical matter fall within the statutory definition of a ‘supervisor.’ ” Labor Board v. Swift & Co., 292 F. 2d 561, 563.
See Labor Board v. Edward G. Budd Mfg. Co., supra, n. 6; International Brotherhood of Teamsters (Di Giorgio Wine Co.), 87 N. L. R, B. 720, enforced, 89 U. S. App. D. C. 155, 191 F. 2d 642.
See, e. g., National Marine Engineers Beneficial Assn. v. Labor Board, 274 F. 2d 167, 173; International Organization of Masters, Mates & Pilots (Chicago Calumet Stevedoring Co.), 125 N. L. R. B. 113, 131-132.
See, e. g., International Organization of Masters, Mates & Pilots v. Labor Board, 48 L. R. R. M. 2624 (C. A. D. C. Cir. 1960).
Compare International Brotherhood of Teamsters (Di Giorgio Wine Co.), 87 N. L. R. B., at 721, 743, with National Maritime Union (Standard Oil Co.), 121 N. L. R. B., at 210.
See Leedom v. Kyne, 358 U. S. 184.
Cf. International Brotherhood of Teamsters (Di Giorgio Wine Co.), 87 N. L. R. B., at 741.
Cf. Globe Steamship Co. (Great Lakes Engineers Brotherhood), 85 N. L. R. B., at 478, 480.
See National Marine Engineers Beneficial Assn. v. Labor Board, 274 F. 2d, at 175, where it was said:
“We earnestly suggest to the Board that the issue whether these two unions, whose activities concern almost every ocean and inland port of the United States, are ‘labor organizations’ within the meaning of the National Labor Relations Act deserves more thorough treatment than it has had here. Such an investigation would not, of course, have to be performed in every case. Once the Board determined on the basis of a full inquiry that MEBA and MMP were or were not labor organizations, the Board could rely on this unless there was evidence of a change.”
The trial court relied, in part, upon the 1949 Labor Board decision in Globe Steamship Co., supra, n. 6, which held that certain marine engineers employed on Great Lakes vessels, including those of respondents, were “supervisors” for the purpose of a § 9 (c) election petition.
Respondents introduced an affidavit, filed by MEBA in a prior NLRB proceeding, in which the union claimed to represent only supervisors. This is the affidavit quoted in note 1 of the dissenting opinion, post, p. 185. But, as petitioners pointed out, the Board concluded then, and has continued of the view, that petitioners are “labor organizations” despite such assertions.
The petitioners did not attempt to introduce specific evidence in the state court to prove that they actually represented employees who were not supervisors. Indeed, the record would seem to indicate that MEBA and Local 101 would ultimately prefer to be classified as supervisory unions outside the ambit of § 8 of the Federal Act. The actual assertion of NLRB jurisdiction over these unions, however, at the very time the state court action was pending, was more than sufficient to create an arguable case for NLRB jurisdiction under § 8. It would be entirely inconsistent with our holding in Garmon to require the unions affirmatively to abandon in the state court the position they wished to maintain before the NLRB. It would be equally inconsistent to give evidentiary weight to union affidavits dredged up from prior NLRB proceedings in which the Board rejected the union's self-characterizing claims.
National Maritime Union (Standard Oil Co.), supra, n. 4.
Graham Transp. Co. (Brotherhood of Marine Engineers), supra, n. 6. An official of Local 101 testified on direct examination that the Brotherhood of Marine Engineers “was merged in our local” on May 29, 1959.
National Marine Engineers Beneficial Assn. v. Labor Board, supra, n. 8.
Schauffier v. Local 101, Marine Engineers Ben. Assn., 180 F. Supp. 932; Penello v. Seafarers’ International Union, 40 L. R. R. M. 2180 (D. C. E. D. Va., 1957); Douds v. Seafarers’ International Union, 148 F. Supp. 953.
The trial court noted that the Court of Appeals for the Second Circuit had determined that MEBA was not a “labor organization” within the meaning of § 301 of the federal statute. A. H. Bull Steamship Co. v. National Marine Eng. B. Assn., 250 F. 2d 332. This case was subsequently distinguished by the Second Circuit in a case under §8 (b), National Marine Engineers Beneficial Assn. v. Labor Board, supra, n. 8, and in United States v. National Marine Engineers’ Ben. Assn., 294 F. 2d 385. Subsequent to the trial court’s decision in the present case the .Court of Appeals for the District of Columbia Circuit ordered the NLRB to take additional evidence and to reconsider its determination of a similar maritime union's status as a “labor organization.” International Organization of Masters, Mates & Pilots v. Labor Board, supra, n. 9. At the most these court decisions would only serve to cast some doubt on the validity of the Board’s determination. But even if the doubt were much more substantial, the Garmon doctrine would require a state court to decline jurisdiction of the controversy.
To distinguish the several NLRB decisions on the ground that each involved marine engineers whose jobs were unlike those of the respondents’ engineers, as the Minnesota courts sought to do, is inconsistent with all that Garmon teaches. Such a distinction can be made only on the assumption that the relevant unit in determining what is a “labor organization” for purposes of § 8 (b) is no more than the group of employees involved in the then-pending dispute. The validity of this very assumption is currently being litigated before the Labor Board and reviewing courts. Far from having been authoritatively accepted, this limited view of the relevant unit has at least twice been expressly rejected. National Marine Engineers Beneficial Assn. v. Labor Board, 274 F. 2d, at 173, enforcing 121 N. L. R. B. 208; International Organization of Masters, Mates & Pilots (Chicago
Illustrative of this danger is a recent Federal District Court decision granting an application by a Regional Director of the Board for a temporary injunction against Local 101 prohibiting organizational activity similar to that involved in the present case. Schauffler v. Local 101, Marine Engineers Ben. Assn., supra, n. 20. See also other cases cited, n. 20, supra.
Dissenting Opinion
dissenting.
While I agree with the principles announced by the Court, I disagree with the result that is reached on the facts of this case. The record contains an affidavit of the President of this union, the Marine Engineers Beneficial Association (MEBA), which states that all members of the union,' including the local involved in this case, perform supervisory functions.
“Local 101 of the Marine Engineers Beneficial Association is comprised of those men who are licensed as marine engineers by the United States Coast Guard, and those men who perform the engineering duties of engineers, whether or not they are licensed by the Coast Guard.”
The record makes clear that a licensed engineer has supervisory duties whenever there is someone working under him. That status is grounded in the historic distinction between licensed and unlicensed personnel and is shown by this record.
The trial court in this case said that the record “does not show” that this MEBA Local “admits to membership any non-supervisory employee, and in any event it is clear that its membership is composed primarily and almost exclusively of supervisors.” That finding is not challenged here. Petitioners, placing all their hopes on the words of the trial court that this local is composed “primarily and almost exclusively of supervisors,” say it may therefore be arguably and reasonably contended that the local is a labor organization within the meaning of the Act.
Section 2 (5) defines “labor organization” as any organization “in which employees participate” for the purpose “of dealing with employers concerning grievances,” etc.
The word “employee” was redefined by Congress
If it desires the protection of the Federal Act, it should be required to come forth with evidence showing who its members are. In absence of such a showing, we should not disturb the rulings of the Minnesota courts, which on this record were fully justified in enjoining the picketing. It wras indeed conceded by counsel for MEBA at the trial that the purpose of the picketing was “to improve the wages, hours and working conditions” of the “licensed engineers,” not the wages, hours and working conditions of those few undisclosed individuals who it is now intimated may have been members of the union.
Since this local is not on this record a “labor organization,” it does not come within the purview of § 8 (b) (2) or § 8 (b)(4), which makes certain practices, alleged to have taken place here, unfair labor practices. For § 14, quoted above, returned supervisors to the basis which they enjoyed prior to the Federal Act. Bull S. S. Co. v. National Marine Eng. B. Assn., 250 F. 2d 332.
“I can state most categorically that licensed marine engineers who comprise the entire members of MEBA, without a single exception in the nature of their work, have authority in the interests of the em
The findings state: "All engineers and assistant engineers employed on Interlake vessels stand watches during which they are in charge of and responsible for the operation and condition of the vessel’s propulsion mechanism and responsibly direct, control and supervise the work of the firemen, oilers and coal passers on duty during such watch ; they hire, fire, transfer and change the status of and discipline the persons working under them and have authority to and do make effective recommendations respecting the employment and tenure of employment of the people working under them; they handle initially grievances of the employees who are subject-to their supervision; the exer
See H. R. Rep. No. 245, 80th Cong., 1st Sess., p. 23; S. Rep. No. 105, 80th Cong., 1st Sess., p. 28.
Cf. with the decision below the contentions of MEBA in National Marine Engineers Ben. Assn. v. Labor Board, 274 F. 2d 167, 170 (“MEBA says its membership is composed exclusively of supervisors”) and Schauffler v. Local 101, Marine Engineers Ben. Assn., 180 F. Supp. 932, 935 (where the local involved in the present case argued that it was not a labor organization within the meaning of the Act). In National Organisation of Masters, Mates, and Pilots of America, et al., 116 N. L. R. B. 1787, MEBA admitted it was a “labor organization” within the meaning of the Act.
The finding of the Labor Board in National Marine Engineers Ben. Assn. v. Labor Board, 274 F. 2d 167, that MEBA was a “labor organization” turned on a narrow procedural point mentioned by the Court of Appeals: “MEBA and MMP know who their members are and, if they do not know what their members do, certainly they can find out. The Board could properly have thought that the matters placed in the record by the general counsel justified an inference that non-supervisors do participate in MEBA and MMP, and that this sufficed for the Board’s finding to that effect unless they were rebutted by more convincing evidence than the unions offered here. We therefore cannot say the Board’s finding that MEBA and MMP were labor organizations did not meet the standards laid down in Universal Camera Corp. v. N. L. R. B., 1961, 340 U. S. 474, 71 S. Ct. 456, 95 L. Ed. 456.” 274 F. 2d, at 175.
See National Marine Engineers Ben. Assn. v. Labor Board, 274 F. 2d 167, 172-173: “The Board’s general counsel did not dispute that two of the three engineers on the Franklin D. Roosevelt, the chief engineer and the relief chief engineer, were supervisors; but there was much argument whether the third should be so considered since he exercised supervisory duties only when neither the chief engineer nor the relief chief engineer was about. See N. L. R. B. v. Quincy Steel Casting Co., 1st Cir., 1952, 200 F. 2d 293. The general counsel claimed that at least one of the engineers on the Sandra Marie could not have been a supervisor since he had no one to supervise. See General Foods Corp., 110 N. L. R. B. 1088 (1954). MEBA disputed this, as well as the contention relating to the third engineer on the Franklin D. Roosevelt, claiming that these engineers were qualified and on these ships normally would have someone to supervise.”
Reference
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- MARINE ENGINEERS BENEFICIAL ASSOCIATION Et Al. v. INTERLAKE STEAMSHIP CO. Et Al.
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