National Labor Relations Board v. Delaware-New Jersey Ferry Co.

90 F.2d 520, 1 L.R.R.M. (BNA) 640, 1937 U.S. App. LEXIS 3872

• Court: Court of Appeals for the Third Circuit
• Decided: June 18, 1937
• Docket: 6132
• Status: Published

Opinions

DICKINSON, District Judge.

This is a petition to this court under the provisions of the National Labor Relations Act (29 U.S.C.A. § 151 et seq.) to enforce by its processes the findings of the Board.

The case would present no difficulties were it not for the unusual fact situation presented.

The primary purpose of the act of Congress is to obviate appeals to brute force which are' too often the accompaniment of labor disputes.

• The proceeding began with a complaint of unfair practices charged to the respondent. The Board has made its findings sustaining the complaint. Ordinarily nothing would remain to be done except to enforce these findings. The questions sought to be raised have become, however, practically moot. There is now no controversy; no complaint; no grievance. All which is left is the abstract question of the right of a labor union official to negotiate with the respondent employer on behalf of the engineer employees concerned, for a contract of employment. The engineers have disposed of any controversy there may have been by themselves unanimously making a contract on terms acceptable to them with the employer. This contract -is for a year ahead. There is in consequence nothing to negotiate. The number of engineer employees is twelve. The sole objective of any negotiation would be to agree upon terms of employment. This agreement has already been made, and, as we have said, is entirely acceptable to the employees concerned, each of whom has made the contract agreed upon. In view of this we see no need for the intervention of this or any other court. To make the order asked of us might defeat the very purpose of the act of Congress by creating an occasion for strife which otherwise would not exist.

Petition dismissed.