Evening star., 1942-04-06
SuprenneCourt
Declares Ship
Strike a Mutiny
5-to-4 Decision Sets
Aside Labor Bourd
Reinstatement Order
BY the Associated Press.

BY the Associated Press.
Shutdown strikes on vessels
docked in United States ports
were outlawed by the Supreme
Court today in a 5-to-4 decision
which said that "a rebellion by
seamen against their officers on
board a vessel anywhere within
the admiralty and maritime jur-
iSdiction of the United States is
to be punished as mutiny."
Justice Byrnes delivered the opin-
ion which, through the courts ap-
plication of the Federal mutiny
statute, set aside a Labor Board
order directing the Southern Steam
ship Co. of Philadelphia to REIN
state seamen who went on strike
July Is, 1888, aboard the vessel City
of Fort Worth at Houston.
Justice Byrnes asserted that the
reinstatement order could not be
applied because the seamen, by en-
gaging in the sitdown strike had
violated the mutiny statute.
Boards Contention Overruled.
The majority opinion overruled
the Labor Boards contention that
the Wagner Labor Act permitted
reinstatement order even though the
men had engaged in a sitdown
strike
The board" Justice Byrnes as
serted. has not been commissioned
to effectuate the policies of the
Labor Relations Act so single
mindedly that it may wholly ignore
other and equally important con-
greSSional objectives."
Another provision of the boards
order, directing the company to
bargain collectively with the c. I. o.
National Maritime Union, was up
held.
Justice Reed wrote the dissenting
opinion, in which Justices Black,
Douglas and Murphy concurred.
Left Up to Congress.
Justice Byrnes said that Congress,
in the anti-mutiny legislation. had
outlawed such strike and IF this
mandate is to be changed it must be
changed by Congress and not by
the courts"
Ever since men have gone to
sea-" the majority opinion said, the
| relationship of master to seaman
has been entirely different from
that of employer to employe on land
The lives of passengers and crew,
as well as the safety of ship and
cargo, are intrusted to the masters
care. Every one and everything
depend on him. He must command
and the crew must obey. Authority
cannot be divided
Discussing the sitdown strike,
! Justice Byrnes said:
1T may hardly be disputed that
each of the strikers resisted the
captain and other officers in the
free and lawful exercise of their
authority and command or
that they combined and conspired
to that end.
Defied Direct Commands.
deliberately and persiStently they
defled direct commands to perform
their duties in making ready for the
departure from port There is
no doubt that they undertook to
impose their will upon the captain
and officers.
"A sweeping requirement of obe-
dience throughout the course of a
voyage is certainly not without basis
in reason. The strategy of discipline
is not simple. The maintenance of
authority hinges upon a delicate
complex of human factors, and Con-
| greSs may very sensibly have con-
cluded that master whose orders
are subject to the crews veto in
port cannot enforce them at sea"
The damage to the Normandie at
New York was cited by Justice
Byrnes as grim enough proof that
the hazard of fire is ever present"
and that sitdown strike might re-
suit in injury to vessel"
Unlawful From Inception.
I'VE cannot ignore the fact that
this strike was unlawful from its
very inception" Justice Byrnes said
and directly contravened the policy
of Congress.
1T should be stressed" the ma
jority opinion added, that the view
we have taken does not prevent the
redress of grievances under the
(WagneD Act. At any time follow
ing the certification of the N. M. u
in January, 1888, the union and the
board could have secured the as
siStance of the courts in forcing Pc
titioner steamboat company tt
bargain.
"The Importance of seeking such
assistance promptly is strikingly il
lustrated in this case Had the
union and the board done so, the
unfortunate occurrence at Houston
might have been averted. And
what is more, nothing that we have
said would prevent the union from
striking, picketing or resorting to
any other means of self-help, Sc
long as the time and place it chooses
do not come within the express
prohibition of Congress"
The Dissenting Opinion.
In the dissenting opinion, Justice
Reed said that the court had held
previously that employees guilty OF
criminal acts" in connection with
sitdown strike were not eligible for
reinstatement under the Wagner
Act.
Nothing approaching such dis
order occurred here" the dissenting
opinion added. THE seamen's con-
duct did not affect the safety of the
vessel. The only evidence of viola
tion of the statutes is that the Or
ders to load were ignored.
1--WE may assume, for this dissent,
that this resulted in a violation Of
the criminal statutes. The board
found that the respondent refused
to bargain collectively with the
| (See SUPREME COURT, Page 2-O
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