LINN v. PLANT GUARD WORKERS

United States Supreme Court

LINN v. PLANT GUARD WORKERS, (1966)

No. 45

Argued: November 18, 1965 Decided: February 21, 1966

Petitioner, an official of the employer, filed this civil libel action under state law against an employee, a union, and two of its officers, alleging that statements in leaflets circulated in connection with a campaign to organize the employees, applied to him, were "false, defamatory and untrue" and libelous per se. The suit was filed in federal court on the basis of diversity of citizenship. A dismissal motion was made on the ground that the NLRB had exclusive jurisdiction of the subject matter. The employer had previously filed unfair labor practice charges with the NLRB's Regional Director, asserting that the leaflets and other material restrained and coerced theinstitution of this action Pinkerton had filed unfair labor practice charges with the Regional Director
[383
U.S. 53, 57]
of the Board, alleging that the distribution of the leaflets, as well as other written material, had restrained and coerced Pinkerton's employees in the exercise of their 7 rights, in violation of 8 (b) (1) (A) of the Act. The Regional Director refused to issue a complaint. Finding that the leaflets were circulated by Doyle, who was "not an officer or member of the charged union, nor was there any evidence that he was acting as an agent of such union," he concluded that the union was not responsible for the distribution of the leaflets and that the charge was, therefore, "wholly without basis." This ruling was sustained by the General Counsel