United States v. National Marine Engineers' Beneficial Ass'n

294 F.2d 385
CourtCourt of Appeals for the Second Circuit
DecidedAugust 22, 1961
DocketNo. 428, Docket 27082
StatusPublished
Cited by12 cases

This text of 294 F.2d 385 (United States v. National Marine Engineers' Beneficial Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. National Marine Engineers' Beneficial Ass'n, 294 F.2d 385 (2d Cir. 1961).

Opinion

FRIENDLY, Circuit Judge.

National Marine Engineers’ Beneficial Association, AFL-CIO (MEBA), International Organization of Masters, Mates and Pilots (MMP) and Seafarers International Union of North America (SIU) appeal from an order of Chief Judge Ryan, entered in the District Court for the Southern District of New York on July 10, 1961, pursuant to § 208 of the Labor Management Relations Act of 1947, 61 Stat. 155, 29 U.S.C.A. § 178 (sometimes hereafter the Taft-Hartley Act or the Act), which temporarily enjoined continuation of a large scale strike of the United States merchant marine. Other unions which were defendants below and were named in the injunction have not appealed. It is not disputed that all the preliminary steps to such an injunction required by §§ 206-208 of the Act, 29 U.S.C.A. §§ 176-178 — Presidential appointment of a board of inquiry, the making and filing of a report by the board, and direction by the President to the Attorney General to start a suit— were duly taken. The District Court found that the strike affected a substantial part of an industry engaged in transportation among the several states and with foreign nations and that, if permitted to continue, it would imperil the national health and safety. Although the parties differ slightly as to the number of vessels in the United States merchant fleet and the proportion that would have been immobilized by the strike at the time of the injunction but for a temporary restraining order issued by the District Court on July 3,1 we need not discuss this since the lowest percentage claimed, 45%%,2 is plainly “a substantial part,” 3 and appellants do not here contend to the contrary.

However, the parties ai’e in sharp conflict whether the District Court was warranted in finding that continuance of the strike “will imperil the national health or safety,” a finding which § 208(a) (ii) makes indispensable to the issuance of the injunction. Here, as in United Steelworkers of America v. United States, 1959, 361 U.S. 39, 80 S.Ct. 1, 177, 4 L.Ed.2d 12, 169, the Government urges a broadly inclusive interpretation of these words of the statute whereas the appellant unions claim that “health” is limited to the physical health of the populace as distinguished from the general well-being of the nation and its economy, and that “safety” is limited to the nation[387]*387al defense and even that viewed on a somewhat restricted basis. The question of what these terms embody is not without its difficulties, and Congressional clarification of so important a matter would surely be helpful. Like the Supreme Court in the Steelworkers ease, we find it unnecessary to resolve the issue. For the record supports the granting of the injunction even on the narrower interpretation of the statutory language for which the unions contend.4

The District Court found that continuation of the strike “would have an adverse effect upon the maintenance in this country of an adequate supply of petroleum products, which is essential to transportation, both military and civilian, and for the operation of industrial plants and electric utilities and for heating.” There is no need to belabor the point that a material depletion of petroléum supply would imperil the national health and safety even on the most restricted interpretation of those terms. Without going into burdensome detail, it is evident that a supply of petroleum products adequate for the production and transportation of foods and drugs, for heating, for the making of electrical energy, and for many other purposes, is essential to the physical health of the people; and adequate supply is equally required for the training and readiness of the Air Force, the production and transportation of goods essential to national defense, and the operations of the Navy, the merchant marine, and air and land transport in the event of military emergency. Even the dissent in the Steelworkers case considered a coal strike within the purpose of Congress in enacting § 208, 361 U.S. 65, 80 S.Ct. 6; in today’s economy the effect of a shortage of petroleum, the source of 45% of the energy consumed in this country as the record shows, would be at least as serious. The question, therefore, is whether the District Court was warranted in concluding that the maritime strike was threatening petroleum supply.

It plainly was. An affidavit of the Secretary of the Interior stated that the East Coast of the United States uses more than 3,500,000 barrels of oil daily; 5 that more than half this supply comes by tank vessel from United States Gulf Coast ports; and that legal requirements demand that this movement be in United States registered vessels. Other affidavits stated that more than half the American flag tankers active in the Gulf Coast-East Coast service were strikebound until the District Court issued its temporary restraining order; Judge Ryan was justified in accepting this estimate. The Secretary further averred there were no other means of transportation which could promptly replace the tankers; that, accordingly, spot shortages of petroleum products, especially gasoline, could be expected shortly; thát these would rapidly worsen; that aircraft fuel would soon be in short supply; and that the necessary summer build-up of stocks of heating oils would be interfered with. Other Governmment officers attested the prospect of shortages of petroleum products affecting industrial operations necessary to the national defense. Defendants adduced no evidence requiring rejection of these statements.

We could rest here, and on the convincing evidence supporting the finding that continuation of the strike “would have a critical impact upon Hawaii, which occupies a key position in our defense structure, because Hawaii’s supply of essential foods (taking into account the time required for transportation from the West Coast to Hawaii) would be exhausted * * * ” 6 but for appellants’ [388]*388contention that, assuming so much to have been established, the injunction should have been limited to strikebound tankers serving the East Coast and ships in the Hawaii trade. True, this contention reminds of that with respect to “a selective reopening of some of the steel mills * * * to fulfill specific defense needs,” which the Supreme Court rejected in the Steelworkers case, 361 U.S. 39, 43, see also 49-54, 80 S.Ct. 1, 4, 180-182. However, the economics of merchant shipping may not be parallel with those of steel as regards the feasibility of segregating particular operations; and we prefer to rest affirmance upon another finding to which this contention is inapplicable.

This finding is that Since e American merchant marine is inten e , pursuant to the Merchant Marine Act, 1936 (46 U.S.C. 1101 et seq.), to be available as a naval and military auxiliary in time of war or national emergency the strike, by rendering the merchant marine inoperative, would constitute a serious risk to the national health and safety”; we endorse this insofar as it refers to the national safety, which in view of the d^unctiye wording of § 208(a) (n), is all that is required.

The Merchant Marine Act of 1936 was enacted, after comprehensive consideration, to replace predecessor statutes, Act of June 5,1920, 41 Stat. 988; Act of May 22, 1928, 45 Stat.

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294 F.2d 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-national-marine-engineers-beneficial-assn-ca2-1961.