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

Abstract

Picketing by petitioner interrupted the unloading of respondent\u27s cargo vessels. A state court granted respondent\u27s request for a permanent injunction against further picketing, despite petitioner\u27s 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\u27rs Beneficial Ass\u27n v. Interlake S.S. Co., 370 U.S. 173 (1962)