Labor Law: Federal Pre-Emption: Scope of Arguable NLRB Jurisdiction

Abstract

This article addresses an important United States Supreme Court decision – Marine Engineers Beneficial Assn. V. Interlake S. S. Co., 370 U.S. 173 (1962). In this case the Court held the National Labor Relations Board has plenary authority over situations in which an unfair labor practice is alleged, and a state court has no power to issue an injunction against either party. The article concludes that the reasoning and result is sound under existing law, but that there can be situations in which immediate action is necessary to avoid violence or other damage. The article argues for an approach that would permit court intervention in appropriate cases.