Earl Warren

“ The National Labor Relations Board can greatly reduce the area of the no-man's-land by reasserting its jurisdiction and, where States have brought their labor laws into confromity with federal policy, by ceding jurisdiction under § 10 (a) . ”

“ We are told by appellee that to deny the State jurisdiction here will create a vast no-man's-land, subject to regulation by no agency or court. We are told by appellant that to grant jurisdiction would produce confusion and conflicts with federal policy. Unfortunately, both may be right. We believe, however, that Congress has expressed its judgment in favor of uniformity. ”

“ The proviso is directed at least equally to the type of cases which the Board might decline 'for budgetary or other reasons' to hear as to the type of cases it might wish to cede to the States for policy reasons-if, indeed, there is any difference between the two classes. Cases in mining, manufacturing, communications and transportation can be ceded only where the 'industry' is 'predominantly local in character.' In other industries, which Congress might have considered to be more or less typically local, it put no such limitation on the Board's power. ”

“ It is difficult to believe that Congress, sub silentio, intended to take such a step backward in the field of labor relations.
The immediate occasion that led to the enactment of the proviso throws light on its proper interpretation. That occasion was this Court's decision in the Bethlehem case, supra, where it was held that a State Board did not have jurisdiction to certify a union of foremen as a collective-bargaining agency because the National Board, by asserting general jurisdiction over foremen's unions, had occupied the field. ”

“ Thus, if the opinion of the Court did not make manifest, the concurring opinion did, that after Bethlehem there was doubt whether a state board could act either after a formal cession by the National Board or upon a declination of jurisdiction 'for budgetary or other reasons.' When we read § 10 (a) against this background we find unconvincing the argument that Congress meant by the proviso only to meet the first problem, i.e., cession of jurisdiction over cases the National Board would otherwise handle. ”

“ In Bethlehem foremen in an enterprise affecting commerce petitioned the New York State Labor Relations Board for certification as a bargaining unit. At that time the National Board was declining, as a matter of policy, to certify bargaining units composed of foremen. The Court held that the federal policy against certifying foremen's units must prevail. However, it took occasion to discuss the efforts of the two boards to avoid conflicts of jurisdiction. ”

“ In 1953 the United Steelworkers of America filed with the National Labor Relations Board a petition for certification of that union as the bargaining representative of appellant's employees. A consent election was agreed to, the agreement reciting that appellant was 'engaged in commerce within the meaning of Section 2 (6) , (7) of the National Labor Relations Act.' The union won the election and was certified by the National Board as bargaining representative. ”

“ Unless restricted by the proviso added to § 10 (a) , there is title doubt that the States have the necessary power to act in labor controversies within their borders, even when interstate commerce is affected, provided the Federal Government has not occupied the field and the National Board has not taken jurisdiction. Where the Board has declined, or obviously would decline, to take jurisdiction, then federal power lies 'dormant and unexercised.' Bethlehem Steel Co. ”

“ Whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the Board or any agent or agency designated by the Board for such purposes, shall have power to issue and cause to be served upon such person a complaint stating the charges in that respect, the containing a notice of hearing before the Board or a member thereof, or before a designated agent or agency, at a place therein fixed, not less than five days after the serving of said complaint * * *.' 49 Stat. ”

“ Any indulgence in construction should be in favor of the States, because Congress can speak with drastic clarity whenever it chooses to assure full federal authority, completely displacing the States.' 330 U.S., at page 780, 67 S.Ct. ”

“ Hammer v. Local 211, United Textile Workers, 34 N.J.Super. 34, 111 A.2d 308; Dallas General Drivers v. Jax Beer Co., Tex.Civ.App., 276 S.W.2d 384. On the other side are Retail Clerks etc., v. Your Food Stores, 10 Cir., 225 F.2d 659; Universal Car & Service Co. ”