William O. Douglas

“ The Labor Management Relations Act, 1947, 61 Stat. 136, provides a federal remedy to enforce grievance and arbitration provisions of collective-bargaining agreements in an industry 'affecting commerce,' § 301 (a) , 29 U.S.C. § 185 (a) ; and it is clear that 'commerce' includes foreign commerce. 29 U.S.C. § 152 (6) . It is also clear that this employee's basic wage and the overtime rate of pay were fixed or determinable by the collective-bargaining agreement. ”

“ We hesitate to route this claimant through the relatively new administrative remedy of the collective agreement and shut the courthouse door on him when Congress, since 1790, has said that it is open to members of his class.
What we decide today has nothing whatsoever to do with grievance claims of the maritime unions against employers or the claims of employers against them, for neither is touched by § 596. We deal only with the seaman's personal wage claims. ”

“ It is said that arbitration would be most appropriate because 'a familiarity with the customs and practices of shipping would be distinctly helpful in assessing the validity of the claims,' and the 'underlying wage claims (are) based on factual disputes.' Resolving factual disputes is hardly uncommon in federal district courts. And while an arbitrator in the area may have expertise, for 180 years federal courts have been protecting the rights of seamen and are not without knowledge in the area. ”