Potter Stewart

“ For example, is employee participation in any part of a defendant national or local union sufficient, or must 'employees' be involved in the immediate labor dispute? [8] What percentage or degree of employee participation in the relevant unit is required? [9] If an organization is open to 'employees' or solicits their membership, must there be a showing that there are actually employee members? And, if a local union is not itself a 'labor organization,' are there conditions under which it may become subject to § 8 (b) as an agent of some other organization which is? ”

“ For these reasons we conclude that the task of determining what is a 'labor organization' in the context of § 8 (b) must in any doubtful case begin with the National Labor Relations Board, and that the only workable way to assure this result is for the courts to concede that a union is a 'labor organization' for § 8 (b) purposes whenever a reasonably arguable case is made to that effect. Such a case was made in the Minnesota courts.
There persuasive evidence was introduced to show that all the marine engineers employed by the respondents were in fact supervisors. ”

“ The Minnesota courts determined, however, that those whom the petitioners represented and sought to enlist were 'supervisors,' that consequently neither of the petitioners was a 'labor organization,' and therefore that nothing in the Garmon doctrine precluded a state court from assuming jurisdiction. ”