RESPONDENT: American Radio Association, AFL-CIO
LOCATION: Central Intelligence Agency Headquarters
DOCKET NO.: 72-1061
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: State appellate court
CITATION: 415 US 104 (1974)
ARGUED: Dec 03, 1973 / Dec 04, 1973
DECIDED: Feb 19, 1974
Howard Schulman - for respondents
Robert S. Ogden, Jr. - for petitioners
Facts of the case
Media for Windward Shipping (London) Ltd. v. American Radio Association, AFL-CIO
- Opinion Announcement - February 19, 1974
- Oral Argument - December 03, 1973
- Oral Argument - December 04, 1973
Audio Transcription for Oral Argument - December 04, 1973 in Windward Shipping (London) Ltd. v. American Radio Association, AFL-CIO
Audio Transcription for Opinion Announcement - February 19, 1974 in Windward Shipping (London) Ltd. v. American Radio Association, AFL-CIO
William H. Rehnquist:
-- in Winward Shipping.
That case comes to us from the Texas Civil Court of Appeals.
That Court affirmed a refusal by the Texas Trial Court in Houston to entertain an application by the petitioners who were ship owners for injunctive relief against picketing that was going on at the Houston docks.
The picketing had been undertaken by the unions because of the concern over the number of American jobs being lost to foreign ships.
The picket signs called attention to this fact and made it clear they had no dispute with any vessel on the site other than these particular foreign owned vessels whom we're paying substandard wages.
The crews of both picketed vessels were comprised entirely of foreign national represented by foreign unions and employed under Foreign Articles of Agreement.
The Texas Trail Court felt that its jurisdiction had been preempted by the National Labor Relations Act.
The Texas Court of Civil Appeals agreed and we ranted certiorari.
We find that this dispute involving as it did the maritime operations of foreign flag ships was not within the jurisdiction of the National Labor Relations Board, and therefore, we reverse the judgments below.
Mr. Justice Brennan has filed a dissenting opinion in which Mr. Justice Douglas and Mr. Justice Marshall have joined.