Mr. Justice DOUGLAS, dissenting.
While I agree with the principles announced by the Court, I disagree with the result that is reached on the facts of this case. The record contains an affidavit of the President of this union, the Marine Engineers Beneficial Association (MEBA), which states that all members of the union, including the local involved in this case, perform supervisory functions.
'Local 101 of the Marine Engineers Beneficial Association is comprised of those men who are licensed as marine engineers by the United States Coast Guard, and those men who perform the engineering duties of engineers, whether or not they are licensed by the Coast Guard.'
The record makes clear that a licensed engineer has supervisory duties whenever there is someone working under him. That status is grounded in the historic distinction between licensed and unlicensed personnel and is shown by this record. A union of masters and mates would plainly be a union of supervisors and under present law not be qualified to represent ordinary seamen. If there are rare instances when an engineer on a tug, for example, is nothing more than an employee, that has not been shown in the record and is directly contrary to the affidavit of this union's president.
The trial court in this case said that the record 'does not show' that this MEBA Local 'admits to membership any non-supervisory employee, and in any event it is clear that its membership is composed primarily and almost exclusively of supervisors.' That finding is not challenged here. Petitioners, placing all their hopes on the words of the trial court that this local is composed 'primarily and almost exclusively of supervisors,' say it may therefore be arguably and reasonably contended that the local is a labor organization within the meaning of the Act.
Section 2(5) defines 'labor organization' as any organization 'in which employees participate' for the purpose 'of dealing with employers concerning grievances,' etc.
The word 'employee' was redefined by Congress following our decision in Packard Motor Car Co. v. Labor Board, 330 U.S. 485, 67 S.Ct. 789, 91 L.Ed. 1040, so as to exclude 'any individual employed as a supervisor.' § 2(3). And § 14(a) provides that 'Nothing herein shall prohibit any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this Act shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collective bargaining.' There is not a shred of evidence in this record showing that any employee not a supervisor is a member of this union. There is therefore not a shred of evidence to show that this local of MEBA is a 'labor organization.' Since there is not, it has made no showing that it is entitled to any of the protections of the Federal Act. Such a showing is within its power to make. It apparently claims to be a 'labor organization' when it is to its advantage to do so and protests against being so labeled when that position serves its end.
If it desires the protection of the Federal Act, it should be required to come forth with evidence showing who its members are. In absence of such a showing, we should not disturb the rulings of the Minnesota courts, which on this record were fully justified in enjoining the picketing. It was indeed conceded by counsel for MEBA at the trial that the purpose of the picketing was 'to improve the wages, hours and working conditions' of the 'licensed engineers,' not the wages, hours and working conditions of those few undisclosed individuals who it is now intimated may have been members of the union.
Since this local is not on this record a 'labor organization,' it does not come within the purview of § 8(b)(2) or § 8(b)(4), which makes certain practices, alleged to have taken place here, unfair labor practices. For § 14, quoted above, returned supervisors to the basis which they enjoyed prior to the Federal Act. A. H. Bull S.S.C.o. v. National Marine Eng. B. Ass'n, 2 Cir., 250 F.2d 332.
It matters not that at other times this local or MEBA may have been a 'labor organization' for purposes of the Federal Act. Apparently an engineer may at times be only an ordinary employee. So for one operation this local may have members doing the work of nonsupervisory employees. Whether its status would therefore change from day-to-day or week-to-week might be presented in some case. It is not presented here, for, on a record showing only supervisors among the membership list, the union has no claim to shelter under the Federal Act.