DocketNumber: No. 46668.
Citation Numbers: 19 N.W.2d 697, 236 Iowa 579
Judges: OLIVER, J.
Filed Date: 7/27/1945
Status: Precedential
Modified Date: 1/12/2023
Appellant owns and operates a coal mine near Fort Dodge, under the trade name of Jensen Coal Company. A disagreement arose between appellant and his employees concerning overtime back pay. An attempted conciliation by United States Conciliation Service having failed, the parties agreed the case might be heard before a single hearing officer to be named by National War Labor Board, Region 7, and in November 1943, hearing was scheduled before appellee Sullivan, a commissioner appointed by said board.
Appellant appeared and objected to the jurisdiction, contending the commissioner was without jurisdiction to hear and determine the dispute, because (1) the government already had seized and was operating the mine at the time of the attempted hearing and (2) the employment agreement had been in effect more than three months before complaint was made. The objections were overruled and Sullivan was proceeding with the hearing. Thereupon appellant instituted this suit to enjoin Sullivan as representing National and Regional War Labor Board 7 from proceeding in the matter. A temporary injunction issued. Thereafter special appearances were entered *Page 581 by Sullivan, National War Labor Board, and Regional War Labor Board 7. One ground of the special appearances was that the court had no jurisdiction of the subject matter of the action. Upon hearing the special appearances were sustained. Hence this appeal.
The National War Labor Board was created January 12, 1942, by Executive Order No. 9017 (
In a number of cases similar to the one at bar federal courts have held that orders (directives) of the National War Labor Board are not subject to judicial review and that they furnish no basis for injunctive relief against the board, or its officers or agents, because no real or justiciable controversy exists. The premise of the federal decisions is that "orders" of the National War Labor Board are not legally enforceable but are merely directory. This is aptly expressed in Baltimore Transit Co. v. Flynn, D.C., Md.,
"It [the board] does not exist as a tribunal to determine the legal rights and obligations of employer and employe, or to protect and enforce such rights, but merely to decide how such rights, in the Board's opinion, are to be exercised in the public interest in view of the state of war. * * * The function of the Board is to give expression of its views of the moral obligation of each side to the controversy, as members of society, to agree upon a basis for cooperation in the public interest. *Page 582 The jurisdiction and power of the Board to direct parties to do what it deems they should do in such interest is not limited by their constitutional or legal right to refuse to do it. There is no constraint upon the parties to do what the Board may decide they should do, except moral constraint."
Employers Group of Motor Freight Carriers v. National War Labor Board, 79 U.S. App., D.C., 105, 143 F.2d 145, 151, certiorari denied
"If it be true, as appellants suggest, that the President may ultimately take possession of their plants and facilities, that possibility is irrelevant not only because it is speculative but also because it is independent of the Board's order."
In National War Labor Board v. United States Gypsum Co., 79 U.S. App., D.C., 239, 145 F.2d 97, it was alleged the board had reported to the Director of Economic Stabilization and to the President, the fact of noncompliance with its order. The decision followed the Employers Group case, supra, holding that the board's order was not enforceable and therefore not reviewable, that the reports would be advisory, and that the correctness of administrative advice cannot be reviewed by the courts.
Again, in National War Labor Board v. Montgomery Ward Co., 79 U.S. App., D.C., 200, 144 F.2d 528, certiorari denied
We feel obliged to follow the cited federal decisions involving the War Labor Board. Hence we hold the court had no jurisdiction of the subject matter of the action and that the special appearances were properly sustained. This conclusion renders unnecessary the consideration of other propositions presented by appellees to sustain the ruling of the trial court. — Affirmed.
*Page 584All JUSTICES concur.
National Labor Relations Board v. May Department Stores Co. , 146 F.2d 66 ( 1945 )
National War Labor Board v. Montgomery Ward & Co. , 144 F.2d 528 ( 1944 )
Employers Group of Motor Freight Carriers, Inc. v. National ... , 143 F.2d 145 ( 1944 )
National War Labor Board v. United States Gypsum Co. , 145 F.2d 97 ( 1944 )
San Francisco Lodge No. 68 of International Ass'n of ... , 58 F. Supp. 466 ( 1944 )
Baltimore Transit Co. v. Flynn , 50 F. Supp. 382 ( 1943 )
Pennsylvania Railroad v. United States Railroad Labor Board , 43 S. Ct. 278 ( 1923 )