LABOR LAW - NATIONAL LABOR RELATIONS ACT - POWER OF STATE COURT TO LEVY ON EMPLOYER'S OBLIGATION UNDER BACK PAY ORDER - POWER OF FEDERAL COURT TO ENJOIN STATE PROCEEDINGS

Authors

Andrew J. Sawyer, Jr., University of Michigan Law SchoolFollow

Abstract

A decree of the federal circuit court had been issued enforcing an order of the National Labor Relations Board requiring respondent company to pay back wages to certain employees who had been discharged in violation of the National Labor Relations Act. While the sums payable under the award were still unliquidated, creditors and estranged wives of the employees brought suits in state courts on claims against the employees; and writs of attachment, process of garnishment and injunctive orders were issued by the state courts against respondent requiring it to pay portions of the awards to the creditors rather than the employees. The National Labor Relations Board petitioned the circuit court to enjoin the creditors from maintaining these state proceedings. Held, one judge dissenting, the injunction should issue. Third persons "cannot, by resort to judicial process, be permitted to command the payment of the awards to others than those whom the decree had designated as the appropriate recipients." Section 265 of the Judicial Code is not an obstacle to granting the injunction; "the authority to enjoin proceedings inimical to the free exercise of the court's exclusive jurisdiction is implicit in the terms" and the policy of the National Labor Relations Act. National Labor Relations Board v. Sunshine Mining Co., (C. C. A. 9th, 1942) 125 F. (2d) 757.

Recommended Citation

Andrew J. Sawyer, Jr., LABOR LAW - NATIONAL LABOR RELATIONS ACT - POWER OF STATE COURT TO LEVY ON EMPLOYER'S OBLIGATION UNDER BACK PAY ORDER - POWER OF FEDERAL COURT TO ENJOIN STATE PROCEEDINGS, 41 Mich. L. Rev. 179 (1942).
Available at: https://repository.law.umich.edu/mlr/vol41/iss1/20