Hanna Mining Co. v. District 2, Marine Engineers Beneficial Ass'n
Opinion of the Court
delivered the opinion of the Court.
The present controversy once again brings before the Court the troublesome question of where lies the line between permissible and federally preempted state regulation of union activities.
I.
Petitioners (“Hanna”) are four corporations whose integrated fleet of Great Lakes vessels carries cargo in interstate and foreign commerce and is operated by one of the four, the Hanna Mining Company. The respondent District 2, Marine Engineers Beneficial Association (“MEBA”)
Hanna turned first to the National Labor Relations Board. On September 12, it petitioned the Regional Director at Cleveland, Ohio, to hold a representation election among Hanna’s engineers to prove or disprove MEBA’s majority status. The petition was dismissed at the end of September on the stated ground that the engineers were “supervisors” under §2(11) of the National Labor Relations Act,'
Winter brought an end to both shipping and picketing for several months but when the navigation season opened in the spring of 1963 MEBA pickets once more appeared. After picketing occurred at Superior, Wisconsin, Hanna filed suit on June 24, 1963, in a Wisconsin circuit court. The complaint and affidavits alleged that MEBA was picketing Hanna’s vessels at the docks of the Great Northern Railway Company at Superior in the
I — I t — l
The ground rules for preemption in labor law, emerging from our Garmon decision, should first be briefly summarized: in general, a State may not regulate conduct arguably “protected by § 7, or prohibited by § 8” of the National Labor Relations Act, see 359 U. S., at 244-246; and the legislative purpose may further dictate that certain activity “neither protected nor prohibited” be deemed privileged against state regulation, cf. 359
When in 1947 the National Labor Relations Act was amended to exclude supervisory workers from the critical definition of “employees,” § 2 (3), it followed that many provisions of the Act employing that pivotal term would cease to operate where supervisors were the focus of concern. Most obviously, § 7 no longer bestows upon supervisory employees the rights to engage in self-organization, collective bargaining, and other concerted activities
This broad argument fails utterly in light of the legislative history, for the Committee reports reveal that Congress’ propelling intention was to relieve employers from any compulsion under the Act and under state law to countenance or bargain with any union of supervisory employees.
The remaining question in this phase of the case is whether the supervisory status of Hanna's engineers has been settled “with unclouded legal significance,” Garmon, 359 U. S., at 246, so as to preclude arguable application of the Act in the respects discussed. We hold that the Board’s statement accompanying its refusal to order a representation election does resolve the question with the clarity necessary to avoid preemption. While MEBA does not contend that the Board erred in its determination, an abstract difficulty arises from the lack of a statutory channel for judicial review of such a Board decision. Compare Hotel Employees v. Leedom, 358 U. S. 99 (equity action to obtain election). However, the usual deference to Board expertise in applying statutory terms to particular facts assures that its decision would in any event be respected in a high percentage of instances, and so diminished a risk of interference with
III.
A further basis for preemption, urged by MEBA and adopted by the Wisconsin Supreme Court, is that the picketing at Superior exerted secondary pressure arguably violating § 8 (b)(4)(B). The argument appears to be that a state injunction banishing the pickets inevitably impinges upon the Board’s authority to regulate facets of the picketing that might exceed “primary” picketing and violate § 8 (b) (4) (B)
Hanna’s claim that there is no arguable violation rests, of course, on the finding made by the Regional Director and the General Counsel in declining to issue a complaint under § 8 (b)(4)(B) with respect to MEBA’s 1962 picketing. The Wisconsin' Supreme Court refused to credit this finding because of this Court’s comment in Garmon that the “refusal of the General Counsel to file a charge” is one of those dispositions “which does not define the nature of the activity with unclouded legal significance.” 359 U. S., at 245-246. This language allows
Even taking the General Counsel’s ruling at face value, MEBA stresses that the § 8 (b)(4)(B) charge by Hanna concerned picketing in Duluth in September 1962 while the picketing before the Wisconsin court occurred at Superior in spring 1963. Yet Hanna accompanied the 1962 charge with information as to the 1962 picketing in several ports including Superior. The Regional Director is said to have conducted an investigation in Superior as well as in Duluth, and the General Counsel’s letter on the § 8 (b)(4)(B) charge appeared to state that activity at the sites other than Duluth also did not violate the Act. See n. 7, supra. And while some months intervened between the fall 1962 picketing at Superior and its resumption at that port in spring 1963, Hanna has offered to prove that the picketing remained the same in all significant respects including the picket signs employed, the location of the pickets, and the pickets’ general behavior. If this proof is furnished, the chance that the picketing sought to be enjoined conceals a § 8 (b) (4)(B) violation seems remote indeed.
Additionally, even if a §8 (b)(4)(B) violation were present, central interests served by the Garmon doctrine
In concluding that the Act does not preempt the State’s authority to quench the picketing said to have occurred in this case, we do not retreat from Garmon, Rather, we consider that neither the terms nor the policies of that decision justify its extension to the present facts, an extension producing untoward results noted by the Wisconsin Supreme Court itself. 23 Wis. 2d 433, 446, 127 N. W. 2d 393, 399.
The judgment of the Supreme Court of Wisconsin is reversed and the case is remanded to that court for proceedings not inconsistent with this opinion.
It is so ordered.
The remaining respondents are officers, agents, and representatives of MEBA, and what is said of it in this opinion applies equally to them.
National Labor Relations Act, as amended, § 2 (11), 61 Stat. 138, 29 U. S. C. § 152 (11) (1964 ed.), gives a functional definition of the term “supervisor.”
National Labor Relations Act, as amended, §2 (3), 61 Stat. 137, 29 U. S. C. § 152 (3) (1964 ed.), provides in relevant part that the “term ‘employee’ . . . shall not include . . . any individual employed as a supervisor
National Labor Relations Act, as amended, § 9, 61 Stat. 143, 29 U. S. C. § 159 (1964 ed.), pertinently provides in subsection (c) that petitions may be entertained and elections ordered to deter
In relevant part the Board’s letter stated that as the “appeal makes no affirmative claim that a majority of the 'employees’ as distinguished from 'supervisors’ are sought to be represented in an appropriate unit and as a unit of supervisors is otherwise inappropriate, no question concerning representation in an appropriate unit exists.” While this pronouncement could be clearer, the parties do not dispute that it affirms or refuses to disturb the Regional Director’s explicit finding.
National Labor Relations Act, as amended, §8 (b)(4)(B), 73 Stat. 542, 29 U. S. C. § 158 (b)(4)(B) (1964 ed.), provides in relevant part that it shall be an unfair labor practice for a labor organization or its agents:
“ (4) (i) to engage in, or to induce or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of his employment to . . . transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services . . . where ... an object thereof is—
“(B) forcing or requiring any person to cease . . . handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of his employees unless . . . certified .... Provided, That nothing contained in this clause (B) shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing.”
The letter from the General Counsel's office stated in part: “[T]he evidence revealed that the picketing by MEBA at the common situs herein conformed to Moore Dry Dock standards . . . . Furthermore, MEBA's activity at other sites did not evince an unlawful object on the part of the Union inconsistent with the ostensibly primary object of the picketing at the situs of the dispute.”
National Labor Relations Act, as amended, §8 (b)(7), 73 Stat. 544, 29 U. S. C. § 158 (b) (7) (1964 ed.), provides, excluding portions and exceptions not here relevant, that it is an unfair labor practice for a labor organization or its agents to picket any employer with an object of forcing “an -employer to recognize or bargain with a labor organization as the representative of his employees, or forcing or requiring the employees of an employer to accept or select such labor organization” as their bargaining agent unless such labor organization is certified or seeks certification.
A second, clarifying letter from the General Counsel’s office stated in part: “Our disposition of this case was predicated solelj' on our conclusion that the supervisory status of the licensed engineers precluded a finding that the Union’s picketing and other activity was for an object proscribed by Section 8 (b) (7) of the Act.”
See Vogt, Inc. v. International Brotherhood, 270 Wis. 321a, 74 N. W. 2d 749, aff’d sub nom. Teamsters Union v. Vogt, Inc., 354 U. S. 284.
National Labor Relations Act, as amended, § 7, 61 Stat. 140, 29 U. S. C. § 157 (1964 eel.), provides that “employees” shall have the right to engage in, or in general to refrain from, the mentioned activities.
Summarizing the impact of the new measure on supervisory personnel, the Senate Report stated: “[T]he bill does not prevent anyone from organizing nor does it prohibit any employer from recognizing a union of foremen. It merely relieves employers who are subject to the national act free from any compulsion by this National Board or any local agency to accord to the front line of management the anomalous status of employees.” S. Rep. No. 105, 80th Cong., 1st Sess., p. 5. See also H. R. Rep. No. 245, 80th Cong., 1st Sess., pp. 13-17.
By contrast, sometimes offensive conduct may be restrained by a state remedy that has no impact at all on related activity arguably within the Board’s exclusive province. See, e. g., Youngdahl v. Rainfair, Inc., 355 U. S. 131, upholding a state injunction against violence but setting it aside so far as it reached peaceful picketing.
Aside from the §14 (a) line of argument already answered, we do not find at all apposite Teamsters Union v. Morton, 377 U. S. 252, holding a State powerless to award damages against a striking union for requesting a secondary employer to cease business with the struck employer. While in Morton preemption was premised on the fact that the secondary pressure did not come within the ban fixed by § 8 (b) (4) (B) and adopted by § 303 (a) of the Labor Management Relations Act, as amended, 73 Stat. 545, 29 U. S. C. § 187 (a) (1964 ed.), the conduct there occurred in the context of a peaceful economic strike by employees, a sphere in which the federal interest is especially pervasive. By contrast the present case, involving secondary pressure wielded to impose representation on unwilling supervisors, finds itself at that far comer of labor law where, as we have shown, federal occupation is at a minimum and state power at a peak.
Hattiesburg Unions v. Broome Co., 377 U. S. 126, cited to us by MEBA, may illustrate this concern. There, the union’s organizational picketing at a common situs was enjoined by the State because its objective violated state law. In urging that the picketing’s possible violation of § 8 (b) (4) (B) preempted state authority, the Solicitor General suggested that it may also have been “lawful picketing” outside the State’s reach so far as not prohibited by the section. Memorandum, p. 6, n. 7. See also Michelman, State Power To Govern Concerted Employee Activities, 74 Harv. L. Rev. 641, 652-653 (1961) (citations omitted): “[A] state generally may not enjoin conduct thought to be a federal unfair labor practice. The reason is that, despite the state court’s contrary belief, the conduct may, as a matter of federal law, be privileged.”
In Marine Engineers v. Interlake Co., 370 U. S. 173, we overturned a state ban on picketing arguably violating § 8 (b) (4) (B); and to the counterargument that the picketing group was not a “labor organization” subject to § 8 (b), we pointed out that this decision was for the Board. Unlike the present case, in Interlake the § 8 (b) (4)(B) remedy had not been tried; but quite apart from that consideration, had the Board held the union a “labor organization” and also held those being organized to be “employees” — another point not recently decided by the Board — complete relief against the picketing might well have been available under § 8 (b) (7). See 370 U. S., at 182-183.
Concurring Opinion
concurring.
I agree with the Court that § 14 (a) does not evince a congressional decision to exclude state regulation of picketing aimed at organizing supervisors and securing the employer’s recognition of the union. The question here, however, is whether Congress has excluded state regulation when that picketing also has secondary aspects arguably within the reach of §8 (b)(4)(B). I agree with the Court that state regulation is likewise not precluded in such case.
The proviso to § 8 (b)(4)(B) expressly states “[t]hat nothing contained in this clause (B) shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing.” (Emphasis supplied.) While Congress thus provided that primary picketing is not rendered unlawful under the Act merely by having secondary aspects, the italicized words of the proviso evince a congressional intention to leave undisturbed whatever other provisions of law regulate primary picketing. Ordinarily such regulation occurs under the National Labor Relations Act. The primary aspects of supervisory picketing are not, however, regulated by the federal Act; and I think the assumption that regulation will occur, which underlies the italicized words of the proviso, is strong enough to support the Court’s conclusion that state regulation of supervisory organizational picketing is not preempted.
It is true that we said in Garmon that States have no power to regulate “activities” arguably subject to the federal Act; picketing which, because of its secondary aspects, is arguably subject to § 8 (b)(4)(B) is, by one construction, an “activity.” But Garmon was not a case in which only incidental aspects of picketing were argu
It could be argued that this assumption supports a scope of state regulation no broader than that ordinarily provided by the federal Act. It is not necessary to resolve that argument here.
Reference
- Full Case Name
- HANNA MINING CO. Et Al. v. DISTRICT 2, MARINE ENGINEERS BENEFICIAL ASSOCIATION, AFL-CIO, Et Al.
- Cited By
- 104 cases
- Status
- Published