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Steelworkers v. Labor Board, 376 U.S. 492 (1964)
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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.
Steelworkers v. Labor Board, 376 U.S. 492 (1964)
United Steelworkers of America, AFL-CIO v. Labor Board No. 89 Argued February 19, 1964 Decided March 23, 1964 376 U.S. 492
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner union called a strike and picketed all entrances to the respondent company’s plant, including an entrance to a railroad-owned spur track immediately adjacent to the struck premises, to induce railroad employees not to make pickups and deliveries at the struck plant. The picketing was accompanied by force and violence. The National Labor Relations Board found that the union had committed an unfair labor practice under § 8(b)(1)(A) of the National Labor Relations Act, but held the picketing to be primary activity not barred by § 8(b)(4)(B) in view of that section’s proviso that
nothing contained in this clause (B) shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing.
The Court of Appeals reversed.
Held:
1. Primary picketing under § 8(b)(4) includes the right, during a strike, to picket an entrance reserved for employees of neutral
deliverymen furnishing routine service essential to the employer plant’s normal operations. Electrical Workers Local No. 761 v. Labor Board, 366 U.S. 667, followed. Picketing at the railroad gate, which was the rail entrance gate to the plant, is just a permissible as at a gate owned by the plant. Pp. 493-500.
2. Picketing does not become illegal secondary activity solely because it is accompanied by threats and violence. Pp. 501-502.
311 F.2d 135 reversed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Steelworkers v. Labor Board, 376 U.S. 492 (1964) in 376 U.S. 492 376 U.S. 493. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=HN8ZMH5D5PLWTWZ.
MLA: U.S. Supreme Court. "Syllabus." Steelworkers v. Labor Board, 376 U.S. 492 (1964), in 376 U.S. 492, page 376 U.S. 493. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HN8ZMH5D5PLWTWZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Steelworkers v. Labor Board, 376 U.S. 492 (1964). cited in 1964, 376 U.S. 492, pp.376 U.S. 493. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=HN8ZMH5D5PLWTWZ.
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