Hugo Black

“ And the master of the 'Fairland', with personal knowledge of the Company's practice reaching back to 1924, had never heard of 'another case where the entire crew was laid off.'
In the words of the Act, an employer cannot terminate his employees' 'tenure of employment or any term or condition of employment' [9] because of union activity or affiliation. These words are not limited so as to outlaw discrimination only where there is in existence a formal contract or relation of employment between employer and employee. ”

“ In that Act, Congress provided, 'The findings of the Board as to the facts, if supported by evidence, shall be conclusive.' [2] It is of paramount importance that courts not encroach upon this exclusive power of the Board if effect is to be given the intention of Congress to apply an orderly, informed and specialized procedure to the complex, administrative problems arising in the solution of industrial disputes. ”

“ Of the several Waterman vessels which he mentioned as having been put up in Mobile for dry-docking or repairs during the previous year, he could note only the one that had not kept its entire crew (other than the 'Bienville' and 'Fairland') ; the one other crew that was discharged en masse, he admitted, was the one other also affiliated with the C.I.O.
The witness who had been captain of the 'Fairland' when she went into dry dock, had served the Waterman Company continuously since 1924, with the exception of one year, in capacities ranging from ordinary seaman to ship's master. ”

“ But when such employees are customarily continued in their employment with recognition of their preferential claims to their jobs, it cannot be doubted that their wholesale discharge at the end of the day or other unit period, in order to favor one union over another, would be discrimination in regard to the 'tenure' or 'condition' of their employment in violation of the Act. ”

“ For illustration, factory workers are customarily employed at will, without obligation of employer or employed to continue the relationship when the day's work is done; or, if there is an agreement fixing salary or wages per unit of service, at so much per day, week or month, there may be an indefinite employment terminable by either party at the end of any unit period. ”

“ In part, the testimony of this former I.S.U. member was: 'Q. Do the unions consider that there is no vacancy until a man resigns? A. Yes; they do not figure it is any vacancy until they call the (Union) Hall for another man.'
A seaman in the employ of the Waterman Company intermittently since 1924, had been on a Waterman boat which kept its whole crew during six or seven days in dry dock. ”

“ If, as the Board found, there were such continuing tenure and customary term or condition of employment, of course no vacancies occurred when the men of the 'Bienville' and the 'Fairland' signed off articles in Mobile. And respondent's contract with the I.S.U., which only provided preferential treatment of the I.S.U. (A.F. of L.) in filling vacancies, did not require the Company to discharge the N.M.U. (C.I.O.) men from these ships. ”

“ It affirmatively ordered the Company to grant equal passes to the C.I.O. and the A.F. of L., if granted to either; to make whole and offer full reinstatement to those employees found to have suffered discrimination; and to post appropriate notices on the Waterman vessels.↑ In part, that contract reads: 'Section 1. It is understood and agreed that as vacancies occur, members of the International Seamen's Union of America, who are citizens of the United States, shall be given preference of employment, if they can satisfactorily qualify to fill the respective positions ”

“ Pelletier testified that the port steward, when told that the crew and Pelletier had turned N.M.U. said, 'Well I have got orders to lay you all off.' Pelletier had been promoted just prior to the voyage in question. A new I.S.U. man was put on to finish up his work and remained on as watchman practically the full time the 'Bienville' was laid up. ”

“ Smith, 237 Ala. 296, 186 So. 699; Peacock v. Virginia-Carolina Chemical Co., 221 Ala. 680, 130 So. 411; Great Atlantic & Pacific Tea Co. v. Summers, 25 Ala.App. 404, 148 So. 332, certiorari denied 226 Ala. ”