Madden v. INTERNATIONAL ORGANIZATION, ETC.
Decision Date | 08 December 1958 |
Docket Number | No. 12361.,12361. |
Citation | 259 F.2d 312 |
Parties | Ross M. MADDEN, Regional Director, etc., Petitioner-Appellee, v. INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS OF AMERICA, INC., et al., Respondents-Appellants. |
Court | U.S. Court of Appeals — Seventh Circuit |
Mozart G. Ratner, Chicago, Ill., Jacobs & Ratner, Chicago, Ill., for appellant.
Winthrop A. Johns, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Jerome D. Fenton, General Counsel, Thomas J. McDermott, Associate General Counsel, Jacques Schurre, Attorney, National Labor Relations Board, Washington, D. C., for appellee.
Before FINNEGAN, SCHNACKENBERG and PARKINSON, Circuit Judges.
Certiorari Denied December 8, 1958. See 79 S.Ct. 236.
Section 10(l), of the Labor Management Relations Act,1 1947, as amended, provides in part relevant here: (Italics supplied). Ross M. Madden, local Regional Director, N.L.R.B., invoked § 10(l), petitioned for, and was granted a temporary injunction, in the court below, running against respondents, International Organization of Masters, Mates, and Pilots of America, Inc., AFL-CIO and International Organization of Masters, Mates and Pilots — Great Lakes District Local No. 47, pending final disposition of the matters before the National Labor Relations Board in Cases No. 13-CC-168, 169 and 170, concerning them. These respondents by their motions to dismiss Madden's petition claimed they were not "labor organizations" under § 2(5) and § 8(b) (4) of the Act. Rejecting this theory, the district judge found there was reasonable cause to believe respondents were labor organizations within the Act, citing Douds v. Seafarers' International Union, D.C.N.Y.1957, 148 F.Supp. 953. Respondents had also contended that their people, pilots for foreign ships on the Great Lakes, were members of the class of persons excluded from the range of the Act by § 2(3) and § 2(11), 29 U.S.C. § 152(3) and (11), because they were "supervisors." This complementary position geared to respondent's motion was similarly resolved against them by the trial judge who found that After the court below denied the motions to dismiss, respondents elected to stand upon their motions, reserved their rights to appeal from such denial, and entered into a stipulation containing the following, inter alia:
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