265 F.2d 585 (D.C. Cir. 1959), 14373, Seafarers Intern. Union of North America, Atlantic and Gulf Dist., Harbor and Inland Waterways Division, AFL-CIO v. N. L. R. B.
|Citation:||265 F.2d 585|
|Party Name:||SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA, ATLANTIC & GULF DISTRICT, HARBOR AND INLAND WATERWAYS DIVISION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.|
|Case Date:||January 29, 1959|
|Court:||United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit|
Argued Nov. 4, 1958.
Mr. C. Paul Barker, New Orleans, La., of the bar of the Supreme Court of Louisiana, pro hac vice, by special leave of court, with whom Messrs. Ray R. Murdock, Washongton, D.C., and Seymour W. Miller, Brooklyn, N.Y., were on the brief, for petitioner.
Mr. Norton J. Come, Deputy Asst. Gen. Counsel, with whom Mr. Jerome D. Fenton, Gen. Counsel, Mr. Thomas J. McDermott, Assoc. Gen. Counsel, and Mr. Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., were on the brief, for respondent.
Messrs. Joseph H. Sperry and John E. Bailey, Houston, Tex., filed a brief on behalf of Gulf Oil Corp. as amicus curiae, urging enforcement of the order of the Board.
Before PRETTYMAN, Chief Judge, and EDGERTON and DANAHER, Circuit judges.
PRETTYMAN, Chief Judge.
This case is before us upon a petition to review and set aside an order of the National Labor Relations Board and upon a cross-petition by the Board for enforcement of its order. The Board held certain picketing by a union to be illegal. 1
The parties involved in the controversy are Salt Dome (Salt Dome Production Company), Gulf (Gulf Refining Company), Todd (Todd Shipyards, Inc.), and the Union (Seafarers International Union, Atlantic and Gulf District, Harbor and Inland Waterways Division, AFL-CIO). Salt Dome is an oil drilling operator which works offshore in the Louisiana tidelands in the Gulf of Mexico. Gulf is an oil-refining company. Salt Dome works under a contract with Gulf, among others, and, pertinent to the present litigation, leased a boat from Gulf. Todd is a ship-repair company in New Orleans.
The boat leased by Salt Dome from Gulf and used by Salt Dome in its offshore drilling was the Pelican, a fully-manned ocean-going motor vessel. The personnel aboard were in four categories, (1) licensed deck officers and engineers, (2) a drilling crew, (3) an unlicensed steward department operated by an independent contractor, and (4) an unlicensed deck and engine crew. The latter are the employees involved in this controversy.
Prior to the events with which we are concerned, the Pelican had been offshore for more than a year. Her crew worked in shifts, of course, and the shifts by groups worked on a ten-day-aboard and five-day-off schedule. Transportation to and from the vessel was normally furnished by an independent helicopter service, based on a heliport at Leeville, Louisiana.
During the spring and summer of 1956 the Union engaged in a campaign to organize the unlicensed employees of Salt Dome. It filed but later withdrew a petition to be certified as bargaining representative for this personnel.
On December 2, 1956, Salt Dome, pursuant to orders from Gulf, moved the
Pelican into the Todd shipyard for overhaul and repairs. On December 5th a majority of the unlicensed personnel aboard the Pelican struck, left the ship, and began to picket on the wharf immediately alongside. Upon protest by Todd against picketing on its property, the Union moved the pickets to the outside and front of the shipyard gates. The picketing was at all times peaceful. The pickets carried two signs, which read, respectively:
'Read Our Leaflet Organizational Picket Employees of Salt Dome Production Co. Aboard M/V Pelican Join Our Union for Better Wages, Hours and Conditions Seafarers' International Union, AFL-CIO Read our Leaflet
No Dispute with Todd Shipyard'
'Read Our Leaflet
PICKET SALT DOME PRODUCTION CO. UNFAIR
M/V PELICAN ON STRIKE
Seafarers International Union--
AFL-CIO READ OUR LEAFLET
No Dispute With Todd Shipyard'
The pickets also distributed two leaflets, one of which read:
'This picket sign is directed at the employees of Salt Dome Production Company working aboard the Motor Vessel Pelican. We placed pickets within these premises and adjacent to the Motor Vessel Pelican where Salt Dome Production Company employees are now working. We were then requested to move our pickets. If we are ever permitted to return our pickets and place them right adjacent to the actual operation of Salt Dome Production Company aboard the Motor Vessel Pelican within these premises, we will do so. In the meantime, please consider this picket line as if it were only adjacent to the Motor Vessel Pelican aboard which Salt Dome Production Company is engaged in these premises.
'Our dispute is with Salt Dome Production Company and not with Todd Shipyards Corporation or any other employer working within this premise or area.'
The other leaflet recited the advantages which the Union claimed it could achieve, and closed with:
'(The information contained in this leaflet is only for the employees or prospective employees of Salt Dome Production Company).'
Todd's employees refused to work on the Pelican but otherwise continued their normal activities about the yard. The Pelican's drilling crews, supervisors, steward department, and a part of the marine crews, i.e., the non-striking part, continued to work aboard the vessel. On the afternoon of December 7th Salt Dome removed all employees, with the exception of the supervisors, from the Pelican. On December 15th the United States District Court enjoined all picketing in this dispute. After dark on the evening of December 18th the Pelican was towed from dry dock to an anchorage on the Mississippi River...
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