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''De Veau v. Braisted'', 363 U.S. 144 (1960) is a 5-to-3 ruling by the Supreme Court of the United States that an interstate compact restricting convicted felons from holding union office is not preempted by the National Labor Relations Act or the Labor Management Reporting and Disclosure Act, does not violate the Due Process Clause of the 14th Amendment, and is not an ''ex post facto'' law or bill of attainder in violation of Article One, Section 10 of the Constitution. ==Background== Cargo ships entering a port must be loaded and unloaded quickly, because delay can ruin perishable cargo and/or lead to heavy financial losses.〔Jacobs, ''Mobsters, Unions, and Feds: The Mafia and the American Labor Movement,'' 2006, p. 49.〕 Prior to the development of container ships, this work was done largely by hand by longshoremen. A single longhshoreman can refuse to unload cargo, but can easily be replaced by another worker. However, when longshoremen are unionized, the longshoremen's union can obtain great leverage over shippers.〔 Labor racketeers can essentially extort wages, benefits, and featherbed jobs from employers;〔This extortion affects unionized and nonunionized employers alike. Nonunionized employers will often raise wages and benefits, create excess jobs, or provide bribes to avoid being unionized.〕 engage in extensive cargo theft; solicit and receive bribes; and extort payments from longshoremen in order to obtain union jobs.〔 In 1937, Genovese crime family mobster Anthony "Tough Tony" Anastasio gained control of all six of the International Longshoremen's Association's local unions at the Port of New York and New Jersey.〔 Extensive corruption and widespread violence followed.〔Jacobs, ''Mobsters, Unions, and Feds: The Mafia and the American Labor Movement,'' 2006, p. 49-50.〕 After a 1951 wildcat strike and the 1950-1951 revelations of the United States Senate Special Committee to Investigate Crime in Interstate Commerce, which exposed extensive organized crime influence throughout the U.S., New York Governor Thomas E. Dewey announced on March 28, 1951, that he was establishing the New York State Crime Commission to report on the extent of organized crime in the Port of New York and New Jersey, and to make recommendations on combating the menace.〔Kimeldorf, ''Reds or Rackets?: The Making of Radical and Conservative Unions on the Waterfront,'' 1988, p. 155; "Dewey Names 5-Man Board to Investigate State Crime," ''New York Times,'' March 30, 1951; "Dewey Sets Saratoga Inquiry and Plans State Crime Body," ''New York Times,'' March 29, 1951.〕 The commission held public and private hearings for more than a year before issuing a report in May 1953.〔Jensen, ''Hiring of Dock Workers and Employment Practices in the Ports of New York, Liverpool, London, Rotterdam, and Marseilles,'' 1964, p. 30.〕 As a direct result of the Crime Commission's report,〔Mello, "Strikes on the Port of New York, 1945-1960," in ''The Encyclopedia of Strikes in American History,'' 2009, p. 569.〕 the states of New York and New Jersey both enacted legislation (known as the "New York Waterfront Commission Act of 1953") establishing a New York Waterfront Commission whose main task was to rid the Port of New York and New Jersey of corruption.〔Weaver, "Bills to Rid Docks of 'Gangster' Rule Offered By Dewey," ''New York Times,'' June 22, 1953; Weaver, "Dewey and Driscoll Sign Laws Setting Up Port Crime Controls," ''New York Times,'' July 1, 1953.〕 However, in 1935, Congress had passed and President Franklin D. Roosevelt had signed into law the National Labor Relations Act, a federal law which governed labor relations in the United States. Article VI, Section 1, Clause 2 of the United States Constitution (better known as the Supremacy Clause) and subsequent Supreme Court rulings establish that states are barred from acting in an area of law where the federal government has already asserted jurisdiction through the passage of law.〔O'Reilly, ''Federal Preemption of State and Local Law: Legislation, Regulation, and Litigation,'' 2006, p. 30.〕 Additionally, Article One, Section 10, Clause 3 of the Constitution (often called the "Compact Clause") bars states from entering into compacts or agreements with one another without the express approval of the United States federal government. Thus, for the New York/New Jersey legislation to survive constitutional scrutiny, the federal government would also need to approve it. Congress did exactly that, and on August 12, 1953 (just two and a half months after Governor Dewey first proposed the legislation), President Dwight Eisenhower signed federal legislation giving federal sanction to the New York Waterfront Commission Act of 1953.〔Leviero, "President Signs Bill Aimed at Ending Dock Crime Here," ''New York Times,'' August 13, 1953.〕 Section 8 of the New York Waterfront Commission Act of 1953, in essence, bars from union office any person convicted of a felony who has not either been pardoned or received a certificate of good conduct from the New York or New Jersey parole board. George De Veau, Secretary-Treasurer of Local 1346 of the International Longshoremen's Association (ILA), had been convicted of grand larency and received a suspended sentence. In 1956, D.A. of Richmond County John M. Braisted, Jr. informed De Veau and the ILA that since De Veau had never been pardoned or received a certificate of good conduct, he could no longer serve as Secretary-Treasurer of Local 1346. The ILA suspended De Veau. De Veau sued for a court injunction which would return him to office, claiming that the New York Waterfront Commission Act of 1953 ("the Act") violated the Supremacy Clause, violated the Due Process Clause of the 14th Amendment, and was an ''ex post facto'' law and bill of attainder which violated Article One, Section 10 of the Constitution. The New York Supreme Court, Appellate Division (the intermediate appellate court of the state of New York) denied De Veau relief. De Veau appealed, but the Court of Appeals of New York (the highest court in New York state) denied him relief in 1959.〔"Court Keeps Curbs on I.L.A. Officials," ''New York Times,'' February 27, 1959.〕 De Veau appealed to the U.S. Supreme Court, which granted certiorari. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「De Veau v. Braisted」の詳細全文を読む スポンサード リンク
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