William O. Douglas

“ Under the present decision, an employer can move in the state courts for an injunction against the strike. The injunction, if granted, may for all practical purposes settle the matter. There is no way for the union to transfer the dispute to the federal Board, for it seems to be assumed by both parties that the employer has committed no unfair labor practice. By today's decision the federal court is powerless to enjoin the state action. The case lingers on in the state court. There can be no appeal to this Court from the temporary injunction. ”

“ No one is in a position to seek the protection of the federal court, except the federal Board or a party to the dispute who is aggrieved. Either should be allowed standing under the principle of Capital Service, Inc., v. National Labor Relations Board, 347 U.S. 501, 74 S.Ct. 699, 98 L.Ed. 887, to invoke the jurisdiction of the federal court. Certainly a suit to protect the exclusive jurisdiction of federal agencies under the Taft-Hartley Act is a suit 'arising under any Act of Congress regulating commerce' within the meaning of 28 U.S.C. § 1337, 28 U.S.C.A. § 1337. ”

“ That course undermines the federal regulation; it emasculates the federal remedy; it allows one party to a labormanagement controversy to circumvent the law which Congress enacted to resolve these disputes. ”