United States Supreme Court Cases & Opinions

U.S. Supreme Court

Southern Steamship Co. v. Labor Board, 316 U.S. 31 (1942)

Southern Steamship Co. v. National Labor Relations Board

No. 320

Argued February 9, 10, 1942

Decided April 6, 1942

316 U.S. 31

Syllabus

1. The National Labor Relations Board is not obliged to permit the presence of a representative of the employer at an election by the employees of their bargaining representative. P. 316 U. S. 37.

2. The question whether the employment of seamen automatically terminates when they sign off shipping articles t the end of the voyage must be determined upon all the evidence of the employer's employment customs and practices. Labor Board v. Waterman Steamship Corp., 309 U. S. 206. P. 316 U. S. 37.

3. Seamen who, in order to compel recognition of their union, stage a strike on board their ship while she is away from her home port and lying tied up to a dock in another port in this country, and who deliberately and persistently disobey and defy the lawful commands of their captain and other officers that they perform their duties in making ready for the departure of the ship, are guilty of mutiny and conspiracy to commit mutiny in violation of §§ 292 and 293 of the Criminal Code. P. 316 U. S. 40.

4. When seamen are discharged for acts of mutiny aboard ship, the National Labor Relations Board is not authorized by § 10(c) of that Act to compel their reinstatement. P. 316 U. S. 46.

120 F.2d 505 reversed.

Certiorari, 314 U.S. 594, to review a judgment enforcing an order of the National Labor Relations Board.

Page 316 U. S. 32