Upon petition of the National Maritime Union, the National Labor Relations Board directed a representation election among all unlicensed foreign seamen employed by Empresa Hondurena de Vapores, S.A., aboard a Honduran-registered ship. Empresa, a Honduran corporation which is a wholly-owned subsidiary of the United Fruit Company, sought injunctive relief in a federal district court. The petition alleged that the Board's order violated treaty obligations, the Constitution of the United States and principles of international law. The Regional Director of the NLRB moved to dismiss, asserting that the district court lacked jurisdiction to enjoin such an order and that the Board's action was proper. The district court held that it had jurisdiction of the subject matter, but denied the injunction. On appeal, held, injunction granted. A federal district court may enjoin a representation election among foreign seamen where the NLRB has extended its jurisdiction into the foreign relations field by ordering such an election. Empresa Hondurena de Vapores v. McLeod, 300 F.2d 222 (2d Cir. 1962).
Lee D. Powar,
Labor Law--Injunctions--Order Restraining Election Aboard "Flag-of-Convenience" Vessel,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol60/iss8/10