Tom C. Clark

“ Therefore, in a situation where a union 'was in no way concerned with (the railroad's) labor policy,' id., at 160, 76 S.Ct. at 230, but sought to prevent motor carrier employees from delivering truck-trailers to the railroad for 'piggy-back' carriage, we held that state court jurisdiction was pre-empted by the Act. Here, of course, the IMWU's activities are directly related to Incres' employer-employee relationships, since the very purpose of those activities was the organization of alien seamen on Incres' vessels. ”

“ We held today in Sociedad Nacional that the Act does not apply to foreign-registered ships employing alien seamen. The holding and reasoning in that case are equally applicable to the maritime operations here, leading to the conclusion that the Act does not apply. ”

“ On May 16, 1960, Incres brought this action for damages and injunctive relief against IMWU. On the same day IMWU filed unfair labor practice charges against Incres, on which the National Labor Relations Board has conducted an investigation but has not rendered a decision. The Supreme Court of New York County granted a temporary and, after trial, a permanent injunction enjoining the union from picketing Incres' vessels or from encouraging crew members to refrain from working on those vessels. ”