TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Jurisdiction of the Board 23
of legal oi statutory jurisdiction is necessaly uhere it is shown that
its "outflow-inflow" standards are met 6 The Boat d noted that an
employet's opelations could satisfy the gloss clonal volume test, and
yet be purely local in chatacter Howevei , no such situation could
arise uncle" the "outflow-inflow" test, since in establishing this standard
the Board had already concluded that when an employe/ s
opelations meet this standard "they substantially affect commetce
within the meaning of the act"
2. Enterprises Subject to Board Jurisdiction
Dining fiscal 1961, the Boaid had oc,casion to deteimme its legal
and discretionary jurisdiction over vessels of foleign tegisti y, its
legal jurisdiction over an entelpiise engaged in seivicing airci. aft
and charting flying service, the applicability of its julisdictional
standards for tiansit systems, communications systems, and office
buildings to various entelprises, and hether it would assett jurisdiction
over certain enterprises in the enteitImment, teal estate
btokeiage, and home building fields
a Vessels of Foreign Registry
In West India Fruit and Steamship Company, Inc ;1 the Board was
faced with the dual question as to (1) whethei the act applies to an
American owner's international seabolne operations of a calgo vessel
undei foieign registiy, manned by noniesident foteign nationals, and
operated regularly between the United States and a foreign poi t,
and (2) whether the Boaid should exeicise its julisdiction over such
operation, even if the act does apply
The vessel, cm ned and opeiated by a United States cot poration,
was regularly and exclusively engaged as a cat feiry transporting
cargo in railroad boxcars between Belle Chasse, Louisiana, and
Havana, Cuba, with a crew composed almost entnely of noniesident
Cuban nationals hired in Havana Although opeiating undet Liberian
registry, it had never been in Liberian waters, and had neve"
earned cargo destined for, cn onginating in, Libelia The Boaid,
two Members dissenting, 8 concluded that the act did apply to the
„shipping operations involved and that it could remedy the unfan
labor practices committed against the clew on the high seas, in fol eign
territotial waters, and in a foreign patt
Rejecting the contention that the Board is without jutisdiction
ove" these operations because of extlateilitorial consideiations, the
Board majonty observed that Congi ess has the powei to i egul ate
• Southern Dolomite, 129 NLRB 1342
• 130 NLRB 343
▪ Members Rodgers and Kimball