RESPONDENT: International Maritime Workers Union
LOCATION: Clauson's Inn
DOCKET NO.: 33
DECIDED BY: Warren Court (1962-1965)
CITATION: 372 US 24 (1963)
ARGUED: Dec 12, 1962
DECIDED: Feb 18, 1963
Facts of the case
Media for Incres Steamship Company, Ltd. v. International Maritime Workers Union
Audio Transcription for Oral Argument - December 12, 1962 in Incres Steamship Company, Ltd. v. International Maritime Workers Union
Number 62, Northern National Gas Company, Appellant, versus State Corporation Commission of the State of Kansas.
Oh, I beg you -- I beg your pardon.
Oh -- oh!
Yes, of course, of course.
Number 33, Incres Steamship Company Limited, Petitioner, versus International Maritime Workers Union.
I was led astray by the Solicitor General's brief, the discussion of that case.
Mr. McAllister, you may proceed now.
Breck P. Mcallister:
Mr. Chief Justice, may it please the Court.
This case has been adverted too already but I should like to state the facts in it because I do not believe they've been fully stated as yet.
This case is here on writ of certiorari to the Court of Appeals of the State of New York to review the judgment of that Court dismissing the complaint herein on the ground that the subject matter of the action was arguably subject to the National Labor Relations Board and the National Labor -- the Labor Act under the rule of this Court in the Garmon case.
Now, this action is a civil action in part in the state court seeking both damages and an injunction against the intentional interference by the respondent union with the internal order in business and property of the plaintiff company.
The plaintiff in this case is a foreign corporation, a Liberian corporation, fully owned by Italian nationals, resident in Italy and the officers and directors are also Italians, resident in Italy.
The defendant below is the International Maritime Workers Union which was jointly formed by the two leading American Seamen's Unions, the National Maritime Union and Seafarers' International Union.
It was organized as its Constitution provides for the stated purpose of organizing and representing the foreign seamen on certain types of foreign-flag vessels and the type referred to is those whose ultimate ownership and control has no substantial connection with the country of registry.
Now the ships that are involved here are two in number, the Nassau and the Victoria.
Both were built in England -- I am sorry, one was built in England, and one was built in Ireland.
Both are registered in Liberia and by the Liberian flag.
Both have almost entirely Italian cruise recruited in Genoa and they signed -- I have to make a minor correction of the Solicitor General's statement of my Incres case.
They signed Liberian articles, seamen's articles in the presence of the Liberian Council in Genoa.
The officers are licensed by the Republic of Liberia.
The articles stand approved by an Italian union and the record shows that a large proportion of the crew belong to this Italian union.
The ships are engaged in the Caribbean cruise trade.
The Nassau makes a weekly trip to British West Indies for some 30 weeks each year.
The Victoria likewise makes cruises to Caribbean ports during a period of about the same length, about seven months every year.
Both ships return to Genoa each year for refitting and for leave for the crew.
The company in New York City maintains an agent.
The agent is a wholly owned subsidiary.
It is a New York corporation and this agent, like other agents of steamship lines, sells tickets and takes care of the arrival and departure of the ships and the passengers.
The corporation, the foreign corporation also employs another New York corporation known as Cosmopolitan Shipping Corporation.
Like other foreign lines, this Cosmopolitan Shipping Corporation is known as a ship's husband.