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SOUTH CAROLINA STATE PORTS AUTHORITY v. N.L.R.B.

No. 89-1583.

914 F.2d 49 (1990)

SOUTH CAROLINA STATE PORTS AUTHORITY, Plaintiff-Appellee, v. NATIONAL LABOR RELATIONS BOARD; Willie L. Clark, Jr., acting in his official capacity as Regional Director for Region 11 of the National Labor Relations Board, Defendants-Appellants, General Drivers, Warehousemen and Helpers Local Union No. 509, a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, Intervenors, and State of South Carolina, ex rel. T. Travis Medlock, South Carolina Attorney General, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 12, 1990.

Attorney(s) appearing for the Case

Eric G. Moskowitz, Deputy Asst. Gen. Counsel for Special Litigation, N.L.R.B., argued, Patrick J. Szymanski, Baptiste and Wilder, P.C., Washington, D.C., argued (Jerry M. Hunter, Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Abby Propis Simms, N.L.R.B., Washington, D.C., on brief), for appellants.

Joseph Andrew Rhodes, Jr., argued (E. Leigh Mullikin, Anthony M. Emanuel, Haynsworth, Baldwin, Johnson and Greaves, P.A., Greenville, S.C., William H. Vaughan, Jr., Vaughan, Robson & Lawrence, Charleston, South Carolina, on brief), for appellee.

T. Travis Medlock, Atty. Gen., Edwin E. Evans, Chief Deputy Atty. Gen., Samuel L. Wilkins, Asst. Atty. Gen., Office of the Atty. Gen., Columbia, S.C., for amicus curiae.

Before HALL and WILKINSON, Circuit Judges, and DUPREE, Senior United States District Judge for the Eastern District of North Carolina, sitting by designation.

WILKINSON, Circuit Judge:

In this case, we must determine whether the district court possessed subject matter jurisdiction to enjoin the National Labor Relations Board from holding a representation hearing on behalf of the employees of the South Carolina State Ports Authority. The district court ruled that the State Ports Authority is a "political subdivision" of the state of South Carolina, that it is thus not an "employer" within the meaning of Section 2(2) of the...

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