Faxon Hills Construction Co. v. United Brotherhood of Carpenters

I agree with the majority of the court that under Ohio law there was a real labor dispute on the facts, as developed below and in this court. See cases cited by majority. There is, however, no rational basis to conclude from recent Supreme Court cases that where the National Labor Relations Board has refused to exercise its jurisdiction, Section 10 (a) of the National Labor-Management Relations Act operates to exclude jurisdiction from the courts of the states. The rule is axiomatic: where transactions of a commercial nature do not affect interstate commerce, or where it has not been proved…