On petition for writ of certiorari to the Temporary Emergency
Court of Appeals of the United States.
The petition for a writ of certiorari is denied.
Mr. Justice DOUGLAS, dissenting.
We are asked to review a decision of the Temporary Emergency
Court of Appeals holding that 210(a) of the Economic Stabilization
Act of 1970,1 84 Stat. 799, as amended, 85 Stat. 743, overrides the
anti-injunction provisions of
Page 412 U.S.
958 , 959
the Norris-LaGuardia Act,2 29 U.S.C. 101 et seq., permitting a
district court to enjoin a work stoppage in violation of
regulations of the Pay Board.
On January 14, 1972, respondent construction companies entered
into a collective bargaining agreement with the United Mine Workers
of American providing for a wage increase in excess of 18%. In
accordance with the Economic Stabilization Act, this agreement was
submitted to the Pay Board for approval, but the Board authorized
an increase of only 9.54%. Subsequently, employees of the
construction companies, members of three different locals of the
United Mine Workers went out on strike in support of their demand
for a wage increase as provided by the agreement. Pickets soon
appeared at five coal mines operated by two other respondents, and
the miners honored the picket lines.
The four employers affected by the work stoppages immediately
sought preliminary injunctions from the District Court. The
District Court issued the injunctions, and the Temporary Emergency
Court of Appeal affirmed. [
Footnote
3] It determined that the work stoppages constituted a
violation of 1(a) of Executive
Page 412 U.S.
958 , 960
Order 11640 which provides that 'no person shall, directly or
indirectly , . . . use any means to obtain payment of wages and
salaries in any form, higher than those permitted thereunder . .
..' It also determined that the stoppages constituted a violation
of Pay Board Reg. 201.17(c) which provides that it shall be a
violation of Pay Board regulations to '[i] nduce, solicit,
encourage, force, or require, or attempt to induce, solicit,
encourage, force or require, any other person to pay or to receive
any portion of a wage and salary increase not authorized by such
regulations or Pay Board decision . . ..' The court concluded that
respondents were persons 'suffering legal wrong' within the meaning
of 210(a) of the Economic Stabilization Act of 1970 and were
thereby entitled to injunctive relief. As to petitioners' claim
that the Norris-LaGuardia Act barred injunctive relief against a
union work stoppage in an action brought by an employer,4 the court
stated:
'In light of the importance of the
Economic Stabilization Program to economic welfare of the United
States, the Norris-LaGuardia Act must be interpreted to accommodate
the overriding Congressional intent expressed in the Economic
Stabilization Act. Such accommodations have been made in the past
when the provisions of the Norris-LaGuardia Act conflicted with
other specific intentions of Congress.'
Heretofore, this Court has recognized implicit exceptions to the
anti- injunction provisions of the Norris-LaGuardia Act only when
there was an unavoidable clash
Page 412 U.S.
958 , 961
with other labor legislation. See, e. g., Boys Markets, Inc. v.
Retail Clerks Union, Local 770,
398 U.S. 235 ( 301 of the
Labor Management Relations Act); Brotherhood of Railroad Trainmen
v. Howard,
343 U.S.
768. We have stated before that 'the Norris- LaGuardia Act's
ban on federal injunctions is not lifted because the conduct of the
union is unlawful under some other, nonlabor statute.' Order of R.
R. Telegraphers v. Chicago & N. W. R. Co.,
362 U.S.
330, 339. See also Brotherhood of R. R. Trainmen v. Chicago R.
& I. R. Co.,
353 U.S.
30, 42. The unmistakable mandate of the Norris-LaGuardia Act is
to preclude the federal courts from interfering with peaceful labor
disputes by resort to 'objectives test.' See Order of R. R.
Telegraphers v. Chicago & N. W. R. Co., supra, 362 U.S. at 336;
Milk Wagon Drivers Union, Local No. 753, International Brotherhood
of Teamsters, Chauffeurs, Stablemen and Helpers of America v. Lake
Valley Farm Products, Inc.,
311 U.S.
91, 101. Although the Economic Stabilization Act affects wages,
it is clear to me that it falls within the area of general economic
legislation rather than the narrow scope of 'labor legislation' as
that concept is used in our prior decisions.
Moreover, even when we have carved out an exception to the
Norris- LaGuardia Act to accommodate it with later, more specific
labor legislation, we have circumscribed the courts' discretion to
award injunctive relief. In International Association of Machinists
v. Street,
367 U.S.
740, 772-773, we stated:
'The Norris-LaGuardia Act . . .
expresses a basic policy against the injunction of activities of
labor unions. . . . [T]he policy of the Act suggests that the
courts should hesitate to fix upon the injunctive remedy for
breaches of duty owing under the labor laws unless that remedy
alone can effectively guard the plaintiff's right.
Page 412 U.S.
958 , 962
Petitioner contends that private injunctions are not a necessary
part of the enforcement scheme of the Economic Stabilization Act,
which includes provisions for governmental enforcement,
supplemented by private actions for damages.
Finally, 210(a) of the Economic Stabilization Act provides for
'appropriate relief.' Petitioners argue that the word 'appropriate'
must be construed to encompass the ordinary constraints of federal
equity jurisprudence, thus precluding private suits for injunctive
relief against a union in a labor dispute. [
Footnote 5] See Hecht Company v. Bowles,
321 U.S. 321. They
buttress this argument with the assertion that the legislative
history of the Act gives no indication that 210(a) was meant to
override the anti-injunction provisions of the Norris- LaGuardia
Act.
To my mind, this case presents substantial questions that
deserve consideration by this Court. The decision below is a clear
extension of the accommodation doctrine as it has developed in this
Court and threatens to erode the Norris-LaGuardia Act. We hardly
can conclude that wage and price controls are merely a specter of
the past. I would grant the petition for a writ of certiorari and
set the case for oral argument. I would not without impelling
legislative reasons make the Norris-LaGuardia Act-once the pillar
of labor strength-a mere ghost to be driven hence by the slogan
'stabilization' and made a mockery by financial aggrandizement.
Footnotes
Footnote 1 That section
provides:
'Any person suffering legal wrong
because of any act or practice arising out of this title, or any
order or regulation issued pursuant thereto, may bring an action in
a district court of the United States, without regard to the amount
in controversy, for appropriate relief, including an action for a
declaratory judgment, writ of injunction ( subject to the
limitations in section 211), and/or damages.'
Footnote 2 Section 1 of the
Norris-LaGuardia Act provides:
'That no court of the United States,
as herein defined, shall have jurisdiction to issue any restraining
order or temporary or permanent injunction in a case involving or
growing out of a labor dispute, except in strict conformity with
the provisions of this Act; nor shall any such restraining order or
temporary or permanent injunction be issued contrary to the public
policy declared in this Act.'
Section 4 specifies acts which may not be enjoined, including
'[c] easing or refusing to perform any work or to remain in any
relation of employment.'
Footnote 3 The District
Court also concluded that the strike violated provisions of the
collective bargaining agreement and could be enjoined under Boys
Markets, Inc. v. Retail Clerks Union, Local 770,
398 U.S. 235. The Court
of Appeals did not reach this issue.
Footnote 4 Petitioners
concede that the Norris-LaGuardia prohibitions do not apply in
Government suits to enforce the Economic Stabilization Act. See 209
of the Act, 85 Stat. 743.
Footnote 5 The Government
contended below, as amicus curiae, that the dispute between the
parties does not come within the Norris-LaGuardia Act's definition
of 'labor dispute,' 29 U.S.C. 113(c).
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