The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1938-12-22
Supreme Court Overrules Labor Bodrd
In Steamship Sit-Down Strike Case

Washington, D. C.-The determin-
alton of the National Labor Relations
Board to force a steamship company
to reinstate with back pay G. l. o..
seameh who were discharged follow
ing sit-down strikes which prevented
the masters of two vessels from exer-
cising their legal control over the
ships was halted by the Supreme Court
of the United States.
This outstanding position Of the
Supreme Court resulted from it's re-
fusal to grant petition of the Natl
onal Labor Relations Board for re-
view Of the Boards case against the
Peninsular and Occidental Steamship
Company charging violation of the
National Labor Relations Act. The
Supreme Court upheld the decision of
the United States Court of Appeals
for the Fifth Circuit which found the
c.. |. o. sit-down strikers guilty Of
mutiny, condemned the National Labor
Relations Board for disregarding prop
er evidence, and set aside as illegal
the Boards order in it's entirety.
The action of the Supreme Court
of the United States in refusing to
review the decision of the Court OF
Appeals for the Fifth Circuit un-
doubtedly placed definite quietus on
the pronounced sympathy for the sit
down strike frequently manifested by
the National Labor Relations Board,
and, at the same time, emphatically
warned the rebel and secessionist G. l.
0. and it's communistic affiliate, the
C. |. O. seamen's unions, that the sit
down strike, condemned by the Ameri-
can Federation of Labor, is illegal and
will not be tolerated in the American
Merchant Marine.
Two Ships Tied Up
The case in which the Supreme
Court refused to review the decision
of the Circuit Court of Appeals grew
out of sit-down strikes on the Cuba
and Florida, two vessels owned anC
operated by the Peninsular and Oc.
cdental Steamship Company.
Due to systematized agitation fos'
: tered by the waterfront section of the
Communist party the crews Of these
, vessels were prevailed upon to engage
, in sit-down strikes.
The first sit-down strike on the
Florida, at Miami, on June a, 1887, oc
Cured a few minutes before the ship
was ready to sail. Members of the
, crew who participated in sit-dowr
strike Oh the Cuba at Port Tampa OF
, June 6, 1887, seized the galley ane
| would not permit any food to be pre-
, pared and served except to men or
. strike.
In addition the strikers refused tC
. permit the lighting plant and pump:
, to be operated so as to provide lights
and sanitary facilities.
These sit-down disputes were set
tied when the strikers withdrew theil
| demand for an agreement with the c
|. o. union and the company agreed tt
allow a representative of the G. l. o
union to go abroad the ships and so
l licit membership from among thu
l members of the A. F. of l.. uniol
which had an agreement with the com
pany
When the two ships resumed thei
regular sailing the strikers continued
S their threats against the other mem
, bers of the crew. The record also dis
: closes that there were threats of sabo
| tage and destruction of machinery.
S Under these conditions the compan.
4 decided to tie up the ships. All mem
S bers of the crew were paid off at tn
t end of their respective sailings. Al
sailings were cancelled indefnitel,
and the ships were surrendered.
: AFL Union Provides New Crews
n At this point the A. F. of L. union
under it's contract, demanded the righ