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San Diego Unions v. Garmon, 359 U.S. 236 (1959)
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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.
San Diego Unions v. Garmon, 359 U.S. 236 (1959)
San Diego Building Trades Council v. Garmon No. 66 Argued January 20, 1959 Decided April 20, 1959 359 U.S. 236
CERTIORARI TO THE SUPREME COURT OF CALIFORNIA
Syllabus
Although the National Labor Relations Board had declined to exercise jurisdiction, a California state court was precluded by the National Labor Relations Act from awarding damages to respondents under state law for economic injuries resulting from the peaceful picketing of their plant by labor unions which had not been selected by a majority of respondents’ employees as their bargaining agents. Pp. 237-248.
(a) When an activity arguably subject to § 7 or § 8 of the National Labor Relations Act, as was the picketing here involved, the States, as well as the federal courts, must defer to the exclusive competence of the National Labor Relations Board. P. 245.
(b) Failure of the National Labor Relations Board to assume jurisdiction does not leave the States free to regulate activities they would otherwise be precluded from regulating. Pp. 245-246.
(c) Since the National Labor Relations Board has not adjudicated the status of the conduct here involved, and since such activity is arguably within the compass of § 7 or § 8 of the Act, the State’s jurisdiction is displaced. P. 246.
(d) A different conclusion is not required by the fact that all that is involved here is an attempt by the State to award damages, since state regulation can be as effectively exerted through an award of damages as through some form of preventive relief. Pp. 246-247.
(e) United Automobile Workers v. Russell, 356 U.S. 634, and United Construction Workers v. Laburnum Corp., 347 U.S. 656, distinguished. Pp. 247-248.
49 Cal. 2d 595, 320 P. 2d 473, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," San Diego Unions v. Garmon, 359 U.S. 236 (1959) in 359 U.S. 236 359 U.S. 237. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=EM1KLP4ZTKTNPRD.
MLA: U.S. Supreme Court. "Syllabus." San Diego Unions v. Garmon, 359 U.S. 236 (1959), in 359 U.S. 236, page 359 U.S. 237. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=EM1KLP4ZTKTNPRD.
Harvard: U.S. Supreme Court, 'Syllabus' in San Diego Unions v. Garmon, 359 U.S. 236 (1959). cited in 1959, 359 U.S. 236, pp.359 U.S. 237. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=EM1KLP4ZTKTNPRD.
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