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Leedom v. International Union, 352 U.S. 145 (1956)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Leedom v. International Union, 352 U.S. 145 (1956)
Leedom v. International Union of Mine, Mill & Smelter Workers No. 57 Argued November 14, 1956 Decided December 10, 1956 352 U.S. 145
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
Section 9(h) of the National Labor Relations Act provides that the Board shall make no investigation nor issue any complaint on behalf of a union unless there is on file with the Board a non-Communist affidavit of each officer of the union and of any national or international labor organization of which it is an affiliate, and that "[t]he provisions of section 35A of the Criminal Code shall be applicable in respect to such affidavits."
Held: the criminal sanction is the exclusive remedy for the filing of a false affidavit under this section, and the Board may not take administrative action and, on a finding that a false affidavit has been filed, enter an order withholding from the union the benefits of the Act until it is satisfied that the union has complied. Pp. 146-151.
(a) Labor Board v. Highland Park Co., 341 U.S. 322, and Labor Board v. Coca-Cola Bottling Co., 350 U.S. 264, distinguished. P. 149.
(b) The language of § 9(h) and its legislative history preclude an additional sanction which, in practical effect, would run against the members of the union, not their guilty officers. Pp. 149-151.
96 U.S.App.D.C. 416, 226 F.2d 780, affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Leedom v. International Union, 352 U.S. 145 (1956) in 352 U.S. 145 352 U.S. 146. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=45P9QPDQMSR98BP.
MLA: U.S. Supreme Court. "Syllabus." Leedom v. International Union, 352 U.S. 145 (1956), in 352 U.S. 145, page 352 U.S. 146. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=45P9QPDQMSR98BP.
Harvard: U.S. Supreme Court, 'Syllabus' in Leedom v. International Union, 352 U.S. 145 (1956). cited in 1956, 352 U.S. 145, pp.352 U.S. 146. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=45P9QPDQMSR98BP.
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