Allen-Bradley Local v. Labor Board, 315 U.S. 740 (1942)

Allen-Bradley Local No. 1111, United Electrical, Radio & Machine

Workers of America v. Wisconsin Employment Relations Board
No. 252

Argued March 2, 1942
Decided March 30, 1942
315 U.S. 740

APPEAL FROM THE SUPREME COURT OF WISCONSIN

Syllabus

1. Pursuant to the Wisconsin Employment Peace Act, the Wisconsin Employment Relation Board, upon findings of fact and conclusions of law in a dispute between an employer and a labor union, ordered the union, its officers, agents and members to cease and desist from mass picketing of the employer’s factory, threatening personal injury or property damage to employees desiring to work, obstructing entrance to and egress from the employer’s factory, obstructing the streets and public roads about the factory, and picketing the homes of employees.

Held, that the order was not unconstitutional as conflicting with the National Labor Relations Act. Pp. 745-748.

2. As construed by the state supreme court, which construction is conclusive here, the Wisconsin Act affects the rights of parties to proceedings pending before the state board only in the manner and to the extent prescribed by the board’s order. P. 747.

3. An intention of Congress to exclude States from exerting their police power must be clearly manifested. P. 749.

4. Hines v Davidowitz, 312 U.S. 52, distinguished. P. 749.

237 Wis. 164, 295 N W. 791, affirmed

Appeal from the affirmance of a judgment sustaining an order of the Wisconsin Employment Relations Board.