san diego unions garmon argued january decided april although national labor relations board declined exercise jurisdiction california state precluded national labor relations act awarding damages respondents state law economic injuries resulting peaceful picketing plant labor unions selected majority respondents employees bargaining agents pp activity arguably subject national labor relations act picketing involved well federal courts must defer exclusive competence national labor relations board failure national labor relations board assume jurisdiction leave free regulate activities otherwise precluded regulating pp since national labor relations board adjudicated status conduct involved since activity arguably within compass act state jurisdiction displaced different conclusion required fact involved attempt state award damages since state regulation effectively exerted award damages form preventive relief pp automobile workers russell construction workers laburnum distinguished pp charles scully argued cause petitioners brief walter wencke mathew tobriner john stevenson marion plant argued cause respondents brief james archer albert woll thomas harris filed brief american federation labor congress industrial organizations amicus curiae urging reversal solicitor general rankin invitation filed brief amicus curiae urging affirmance justice frankfurter delivered opinion case us second time present litigation began dispute petitioning unions respondents business selling lumber materials california respondents began action superior county san diego asking injunction damages upon hearing trial found following facts march unions sought respondents agreement retain employ workers already members unions applied membership within thirty days respondents refused claiming none employees shown desire join union event accept arrangement one unions designated employees collective bargaining agent unions began peacefully picket respondents place business exert pressure customers suppliers order persuade stop dealing respondents sole purpose pressures compel execution proposed contract unions contested finding claiming purpose activities educate workers persuade become members basis findings enjoined unions picketing use pressures force agreement one properly designated collective bargaining agent also awarded damages losses found sustained time suit state started respondents begun representation proceeding national labor relations board regional director declined jurisdiction presumably amount interstate commerce involved meet board monetary standards taking jurisdiction appeal california sustained judgment superior cal holding since national labor relations board declined exercise jurisdiction california courts power dispute decided conduct union constituted unfair labor practice national labor relations act hence privileged california law california later pointed decision specify law state federal basis relief granted state federal law played part ny distinction laws thoroughly explored garmon san diego bldg trades council cal granted certiorari decided case together guss utah labor relations board amalgamated meat cutters fairlawn meats cases held refusal national labor relations board assert jurisdiction leave power activities otherwise regulating guss fairlawn involved relief equitable nature vacating remanding judgment california case pointed cases controlled one major aspects however since clear whether judgment damages sustained california law remanded state consideration local law issue federal question namely whether national labor relations act precluded california granting award damages arising conduct question appropriately decided antecedent state law question decided state remand california accordance decision guss set aside injunction sustained award damages garmon san diego bldg trades council cal three judges dissenting deciding california jurisdiction award damages injuries caused union activities california held activities constituted tort based unfair labor practice state law holding relied general tort provisions california civil code well state enactments dealing specifically labor relations labor code granted certiorari determine whether california jurisdiction award damages arising peaceful union activity enjoin issue variant familiar theme began wisconsin board greatly intensified litigation flowing act recurred almost score cases last decade comprehensive regulation industrial relations congress novel federal legislation years ago integral part economic life inevitably gave rise difficult problems relations sure abstract problems came us ordinary questions statutory construction involved complicated perceptive process conveyed delusive phrase ascertaining intent legislature many problems probably events foreseen congress others dimly perceived precise scope vaguely defined called upon apply new complicated legislative scheme aims social policy drawn broad strokes details filled small extent judicial process recently indicated task thus cast upon carrying fidelity purposes congress giving application congressional incompletion said weber deserves repetition considerations outlined guide day decision act congress exhaust full sweep legislative power industrial relations given commerce clause congress formulated code whereby outlawed aspects labor activities left others free operation economic forces categories areas federal authority thereby withdrawn state power susceptible delimitation fixed metes bounds obvious conflict actual potential leads easy judicial exclusion state action situation garner teamsters union supra opinion case recalled labor management relations act leaves much though congress refrained telling us much penumbral area rendered progressively clear course litigation area regulation concerned process thus described contracted initial ambiguity doubt established guides judgment interested parties certainly guides decision state principles full realization course process tentative fragmentary illumination carried decade writers opinions almost inevitably unconsciously focus primary attention facts particular situations language may used views implied completely harmonize clear pattern decisions evolved may safely claimed basis purport long series adjudications translated concreteness consistently applied principles decide case determining extent state regulation must yield subordinating federal authority concerned delimiting areas potential conflict potential conflict rules law remedy administration nature judicial process precludes ad hoc inquiry special problems relations involved particular set occurrences order ascertain precise nature degree conflict involved particularly exact mischief conflict cause business attempt determinations inevitably depend upon judgments impact particular conflicts entire scheme federal labor policy administration task confined dealing classes situations national labor relations board congress must left precise closely limited demarcations adequately fashioned legislation administration necessarily concerned potential conflict two authorities disharmonies inherent two systems one federal state inconsistent standards substantive law differing remedial schemes unifying consideration decisions regard fact congress entrusted administration labor policy nation centralized administrative agency armed procedures equipped specialized knowledge cumulative experience congress merely lay substantive rule law enforced tribunal competent apply law generally parties went confide primary interpretation application rules specific specially constituted tribunal prescribed particular procedure investigation complaint notice hearing decision including judicial relief pending final administrative order congress evidently considered centralized administration specially designed procedures necessary obtain uniform application substantive rules avoid diversities conflicts likely result variety local procedures attitudes towards labor controversies multiplicity tribunals diversity procedures quite apt produce incompatible conflicting adjudications different rules substantive law garner teamsters union clear may fairly assumed activities state purports regulate protected national labor relations act constitute unfair labor practice due regard federal enactment requires state jurisdiction must yield leave free regulate conduct plainly within central aim federal regulation involves great danger conflict power asserted congress requirements imposed state law mattered whether acted laws broad general application rather laws specifically directed towards governance industrial relations regardless mode adopted allow control conduct subject national regulation create potential frustration national purposes times clear whether particular activity regulated governed perhaps outside sections courts primary tribunals adjudicate issues essential administration act determinations left first instance national labor relations board outside scope authority remain within state power state jurisdiction must yield exclusive primary competence board see garner teamsters union especially weber case us case adjudication california throughout based assumption behavior petitioning unions constituted unfair labor practice conclusion derived california courts facts well view act us decide whether national labor relations board decided questions manner activity arguably subject act well federal courts must defer exclusive competence national labor relations board danger state interference national policy averted require yield primary jurisdiction national board ensure board adjudication status disputed activity board decides subject appropriate federal judicial review conduct protected prohibited matter end ousted jurisdiction board may decide activity neither protected prohibited thereby raise question whether activity may regulated however board may also fail determine status disputed conduct declining assert jurisdiction refusal general counsel file charge adopting disposition define nature activity unclouded legal significance basic problem underlying decision guss utah labor relations board case held failure national labor relations board assume jurisdiction leave free regulate activities otherwise precluded regulating follows failure board define legal significance act particular activity give power act absence board clear determination activity neither protected prohibited compelling precedent applied essentially undisputed facts decide whether activities subject state jurisdiction withdrawal narrow area possible state activity follows decisions weber guss governing consideration allow control activities potentially subject federal regulation involves great danger conflict national labor policy light principles case us clear since national labor relations board adjudicated status conduct state california seeks give remedy damages since activity arguably within compass act state jurisdiction displaced significant california asserted power give damages rather enjoin board may restrain though compensate concern delimiting areas conduct must free state regulation national policy left unhampered regulation effectively exerted award damages form preventive relief obligation pay compensation indeed designed potent method governing conduct controlling policy even salutary effort redress private wrongs grant compensation past harm exerted regulate activities potentially subject exclusive federal regulatory scheme see garner teamsters union may award damages particular situation fact conflict active assertion federal authority may true incidence particular state injunction sanction either involves conflict federal policy involves allowing two sources govern fact since remedies ingredient integrated scheme regulation allow state grant remedy withheld national labor relations board accentuates danger conflict true allowed grant compensation consequences defined traditional law torts conduct marked violence imminent threats public order automobile workers russell construction workers laburnum also allowed enjoin conduct youngdahl rainfair auto workers wisconsin board state jurisdiction prevailed situations compelling state interest scheme federalism maintenance domestic peace overridden absence clearly expressed congressional direction recognize opinion construction workers laburnum found support fact state remedy federal counterpart decision determined demonstrated question review restricted type conduct involved intimidation threats violence present case compelling state interest judgment reversed footnotes automobile workers russell youngdahl rainfair auto workers wisconsin board construction workers laburnum see weber pointed state relied general restraint trade statute cf auto workers wisconsin board case us involves tort law general application specialized labor relations statutes see supra see auto workers wisconsin board approach taken case undertook determine status disputed activity followed later decisions longer general application congress taken particular hand coincidence ineffective opposition charleston west carolina varnville furniture conduct involved laburnum characterized automobile workers russell opinion justice burton also wrote opinion laburnum case us first time noted laburnum sustained award damages state tort law violent conduct know california interpreted state law allow award damages situation laburnum expressly phrased grant certiorari include limited question state jurisdiction award damages view type conduct found appeals virginia carried petitioners despite fact petitioners urged upon us question limited particular conduct involved petition certiorari throughout opinion makes clear holding favor state jurisdiction limited situation involving violence threats violence thus findings virginia flagrant violent activities petitioners set length relies statements senator taft act sponsor senate report point mass picketing violence threat violence may violation state law well unfair labor practices act laburnum points inconsistent provisions act allow recovery damages caused secondary boycotts allow injured party recover damages caused directly flagrantly conduct us also placed reliance quotation international union wisconsin board points olicing conduct consists actual threatened violence persons destruction property left concluding paragraph stresses virginia jurisdiction coercion type found damages awarded extensive consisting primarily loss profits caused disruption respondents business resulting violence damages restricted damages directly proximately caused wrongful conduct chargeable defendants defined traditional law torts construction workers laburnum thus nothing measure damages indicate state power exerted compensate anything direct consequences violent conduct factors make plain decision laburnum rested nature activities involved interest state regulating case interpreted later decisions see weber phrases quoted russell supra russell allowed state award damages injuries caused mass picketing threats violence opinion also continually stresses violent nature conduct limits decision kind tortious conduct involved see also points alabama enjoined activities union justice harlan justice clark justice whittaker justice stewart join concurring concur result upon narrow ground unions activities state awarded damages may fairly considered protected act therefore state action precluded national labor relations board made contrary determination respecting activities points makes difference board declined exercise jurisdiction see guss utah labor relations board meat cutters fairlawn meats earlier opinion present case first us nothing particular case involved content rest concurrence point without today decision stand landmark future cases labor field feel justified particularizing join opinion clear unions conduct unprotected activity think constr workers laburnum constr automobile workers russell require california judgment sustained even though conduct might deemed federally prohibited cases state tort damage judgments unions upheld respect conduct assumed prohibited activity federal labor act says however decisions applicable premised violence also enjoined automobile workers wisconsin board whereas case unions acts peaceful think mistaken threshold question every labor case whether conduct respect state sought act may fairly regarded federally protected activity conflict touchstone activity obviously beyond reach state power hill florida automobile workers motor coach employees wisconsin board threshold question squarely faced russell case page said outset note union activity case clearly protected federal law question view necessarily faced laburnum cases possible decide question without prior reference national labor relations board union conduct involved violent course protected federal act thus laburnum issue limited type conduct similarly russell decided laburnum principles stated union activity clearly protected immediately went say citing prior violence cases strike conducted manner enjoined state instances reliance former violence cases involving injunctions might gone hold effect says state police power displaced federal act thus disposed cases ground state damage awards like state injunctions based violent conduct conflict federal statute however instead relevance violence manifestly deemed confined rendering laburnum russell activities federally unprotected rendered classified prohibited neither protected prohibited latter state jurisdiction beyond challenge automobile workers wisconsin board conversely activities considered prohibited primary decision board necessary state damage awards inconsistent federal prohibitions garner teamsters union determine need initial reference board assumed activities unfair labor practices prohibited federal act laburnum supra russell supra considered possibility conflict held state damage remedies federal act afforded remedy past conduct involved laburnum less full redress involved russell essence holding made resort primary jurisdiction unnecessary contained following passage opinion laburnum supra also quoted russell supra extent congress prescribed preventive procedure unfair labor practices case garner teamsters union supra recognized act excluded conflicting state procedure end extent however congress prescribed procedure dealing consequences tortious conduct already committed ground concluding existing criminal penalties liabilities tortious conduct eliminated care took garner case demonstrate existing conflict state federal administrative remedies case recognition conflict existed state procedure survived opinion case cuts deeply ability furnish effective remedy laws redress past nonviolent tortious conduct federally protected may deemed federally prohibited henceforth must withhold access courts national labor relations board determined unprotected conduct unfair labor practice course unavoidable board delays may render state redress ineffective instances board declines exercise jurisdiction entirely deprived power afford relief moreover since reparation powers board observed russell narrowly circumscribed injured nonviolent conduct often go remediless even board accept jurisdiction loss understand find basis principle past decisions intimation may even powerless act underlying activities clearly neither protected prohibited federal act surely suggestion foreclosed automobile workers wisconsin board supra well approach taken federal cases local wisconsin board supra bethlehem steel new york board algoma plywood wisconsin board mention laburnum russell primary jurisdiction doctrine intimates ever come pass indeed state power redress wrongful acts labor field reduced vanishing point determining given labor case adhere laburnum russell distinction damages injunctions principle state power precluded challenged conduct neither protected prohibited federal act solely fairly debatable whether conduct involved federally protected concur result today decision youngdahl rainfair automobile workers wisconsin board see local wisconsin board cases cited note supra see text pp infra view taken laburnum russell amici briefs filed present case government american federation labor congress industrial organizations latter stating hope argue appropriate case russell decision overruled may correct stating approach taken case undertook determine status disputed activity followed later decisions longer general application however nothing vitality holding conduct charged fact neither protected prohibited contrary holding remained fully intact already noted underlay decisions laburnum russell neither protected prohibited category one point referring injunction case initially board since issue plain however challenged activities might classified federally true damage cases premise conflict state power thus confined activities violent merely peripheral federal concern see international assn machinists gonzales