Hugo Black

“ Accordingly, § 10 (k) offers strong inducements to quarrelling unions to settle their differences by directing dismissal of unfair labor practice charges upon voluntary adjustment of jurisdictional disputes. And even where no voluntary adjustment is made, 'the Board is empowered and directed,' by § 10 (k) , 'to hear and determine the dispute out of which such unfair labor practice shall have arisen,' and upon compliance by the disputants with the Board's decision the unfair labor practice charges must be dismissed. ”

“ And the House Committee report on one of the proposals out of which these sections came recognized the necessity of enacting legislation to protect employers from being 'the helpless victims of quarrels that do not concern them at all.' [20]
The Taft-Hartley Act as originally offered contained only a section making jurisdictional strikes an unfair labor practice. ”

“ The Board also contends that respondent's interpretation of § 10 (k) should be avoided because that interpretation completely vitiates the purpose of Congress to encourage the private settlement of jurisdictional disputes. This contention proceeds on the assumption that the parties to a dispute will have no incentive to reach a private settlement if they are permitted to adhere to their respective views until the matter is brought before the Board and then given the same opportunity to prevail which they would have had in a private settlement. ”

“ Any decision short of that would obviously not be conducive to quieting a quarrel between two groups which, here as in most instances, is of so little interest to the employer that he seems perfectly willing to assign work to either if the other will just let him alone. ”

“ The record shows that there has been joint bargaining on this point between Columbia, National and American Broadcasting Systems on the one hand and the unions on the other. All the companies refused to allocate the work to either union because the unions did not agree among themselves. Columbia's vice president in charge of labor relations explained the situation in these terms: 'All three companies negotiating jointly here took the position that they could not do this. ”

“ Both of these unions had collective bargaining agreements in force with the Columbia Broadcasting System and the respondent union was the certified bargaining agent for its members, but neither the certification nor the agreements clearly apportioned between the employees represented by the two unions the work of providing electric lighting for television shows. ”

“ The argument here, which is based upon the fact that § 10 (k) , like § 8 (b) (4) (D) , extends to jurisdictional disputes between unions and unorganized groups as well as to disputes between two or more unions, appears to be that groups represented by unions would almost always prevail over nonunion groups in such a determination because their claim to the work would probably have more basis in custom and tradition than that of unorganized groups. ”

“ No. 510, 80th Cong., 1st Sess., p. 57, I Leg.Hist. 561.↑ 29 U.S.C. § 158 (a) (3) , (b) (2) , 29 U.S.C.A. § 158 (a) (3) , (b) (2) .↑ 29 U.S.C. § 187 (a) (4) , 29 U.S.C.A. § 187 (a) (4) .↑ International Longshoremen's & Warehousemen's Union v. ”