Labor Law--Federal Pre-emption--Scope of Arguable NLRB Jurisdiction

Authors

Martin B. Dickinson Jr., S.Ed., University of Michigan Law SchoolFollow

Abstract

Picketing by petitioner interrupted the unloading of respondent's cargo vessels. A state court granted respondent's request for a permanent injunction against further picketing, despite petitioner's contention that, since it was a "labor organization" within the meaning of section S(b) of the Labor Management Relations Act and respondent had alleged an unfair labor practice, the National Labor Relations Board had exclusive jurisdiction of the dispute. The Supreme Court of Minnesota affirmed the granting of injunctive relief. On certiorari to the United States Supreme Court, held, reversed, one Justice dissenting. Since an unfair labor practice has been alleged and petitioner is arguably a labor organization, state and federal courts must yield to the primary authority of the NLRB to determine whether it has jurisdiction of the controversy. Marine Eng'rs Beneficial Ass'n v. Interlake S.S. Co., 370 U.S. 173 (1962).

Recommended Citation

Martin B. Dickinson Jr., S.Ed., Labor Law--Federal Pre-emption--Scope of Arguable NLRB Jurisdiction, 61 Mich. L. Rev. 994 (1963).
Available at: https://repository.law.umich.edu/mlr/vol61/iss5/9