Nlrb v. Babcock & Wilcox Co., 351 U.S. 105 (1956)

National Labor Relations Board v. Babcock & Wilcox Co.

Argued January 25, 1956
Decided April 30, 1956 *
351 U.S. 105

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

In the circumstances of these cases, the nondiscriminatory refusal of the employers to permit distribution of union literature by nonemployee union organizers on company-owned parking lots did not unreasonably impede their employees’ right to self-organization in violation of § 8(a)(1) of the National Labor Relations Act, because the locations of the plants and of the living quarters of the employees did not place the employees beyond the reach of reasonable efforts of the unions to communicate with them by other means. Pp. 106-114.

(a) An employer may validly post his property against nonemployee distribution of union literature if reasonable efforts by the union through other available channels of communication will enable it to reach the employees with its message and if the employer’s notice or order does not discriminate against the union by allowing other distribution. P. 112.

(b) Republic Aviation Corp. v. Labor Board, 324 U.S. 793, distinguished. Pp. 112-113.

(c) The Act requires only that the employer refrain from interference, discrimination, restraint or coercion in the employees’ exercise of their own rights. It does not require that the employer permit the use of its facilities for organization when other means are readily available. Pp. 113-114.

222 F.2d 316, affirmed.

222 F.2d 858, affirmed.

222 F.2d 543, reversed.