Abe Fortas

“ As an illustration of the kind of hyperbole characteristic of labor-management strife, this 'libel' is hardly incendiary. To the experienced eye, it is pale and anemic when compared with the rich and colorful charges freely exchanged in the heat of many labor disputes. ”

“ The foregoing considerations do not apply to the extent that the use of verbal weapons during labor disputes is not confined to any issue in the dispute, or involves a person who is neither party to nor agent of a party to the dispute. ”

“ And one of its statutes, 29 U.S.C. § 411 (a) (2) (1964 ed.) , has been construed to prevent unions from disciplining members who utter defamatory statements during the course of internal union disputes. Salzhandler v. Caputo, 316 F.2d 445 (C.A.2d Cir.) , cert. denied, 375 U.S. 946, 84 S.Ct. 344, 11 L.Ed.2d 275; Cole v. Hall, 339 F.2d 881 (C.A.2d Cir.) ; Stark v. Twin City Carpenters Dist. Council, 219 F.Supp. 528 (D.C.D.Minn.) . Where Congress wishes to create an exception to the general rule of exclusive NLRB jurisdiction, it does so explicitly. ”

“ A description of the statement is found in Brief for Respondent, p. 2 (No. 19, O.T.1965) .↑ Suits to enforce collective bargaining agreements have been held to arise under 29 U.S.C. § 185 (a) (1964 ed.) ”