United States Supreme Court Cases & Opinions

U.S. Supreme Court

Incres S.S. Co., Ltd. v. Maritime Workers, 372 U.S. 24 (1963)

Incres Steamship Co., Ltd. v. International Maritime Workers Union

No. 33

Argued December 12, 1962

Decided February 18, 1963

372 U.S. 24

Syllabus

Petitioner is a Liberian corporation which is wholly owned by Italian nationals. It operates two Liberian-registered ships which make regularly scheduled cruises between New York City and various Caribbean ports for seven months each year and annual cruises to Italy, where they undergo repairs and the crews take their leaves. The crews are nonresident aliens, mostly Italians, and they are recruited and hired in Italy, where they sign Liberian articles. Respondent union is an American labor organization formed for the primary purpose of organizing foreign seamen on foreign flag ships, and it began picketing petitioner's ships while one was docked in New York and the other anchored offshore. Petitioner sued in a New York State Court for injunctive relief, which was granted.

Held: the National Labor Relations Act is inapplicable to the maritime operations of foreign flag ships employing alien seamen, McCulloch v. Sociedad Nacional, ante, p. 372 U. S. 10, and it did not deprive the State Court of jurisdiction to grant such relief. Pp. 372 U. S. 24-28.

10 N.Y.2d 218, 176 N.E.2d 719, judgment vacated and cause remanded.

Page 372 U. S. 25