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Labor Board v. Radio Engineers, 364 U.S. 573 (1961)
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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.
Labor Board v. Radio Engineers, 364 U.S. 573 (1961)
National Labor Relations Board v. Radio and Television Broadcast Engineers Union, Local 1212, International Brotherhood of Electrical Workers, AFL-CIO No. 69 Argued November 10, 14, 1960 Decided January 9, 1961 364 U.S. 573
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Two labor unions were engaged in a jurisdictional dispute over a certain type of work for a certain employer. Both had collective bargaining agreements with the employer, and one was the certified bargaining agent for its members; but neither the certification nor the agreements clearly apportioned the disputed type of work between their respective members. The respondent union caused a work stoppage on a particular job because work of this type was assigned to members of the other union. The employer filed an unfair labor practice charge, claiming a violation of § 8(b)(4)(D) of the National Labor Relations Act. After a hearing under §10(k), the Board held that the respondent union was not entitled to have the work assigned to its members, but the Board refused to make an affirmative award of the work between the employees represented by the two unions. Respondent refused to comply with the decision, and the Board issued a cease and desist order to compel it to do so.
Held: the Board’s order is not entitled to enforcement, because the Board had not discharged its duty under § 10(k) to "determine the dispute." It should have made an affirmative award of the work between the employees of the competing unions. Pp. 574-586.
272 F. 2d 713 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Labor Board v. Radio Engineers, 364 U.S. 573 (1961) in 364 U.S. 573 364 U.S. 574. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=KCXBEVU551CHGTR.
MLA: U.S. Supreme Court. "Syllabus." Labor Board v. Radio Engineers, 364 U.S. 573 (1961), in 364 U.S. 573, page 364 U.S. 574. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=KCXBEVU551CHGTR.
Harvard: U.S. Supreme Court, 'Syllabus' in Labor Board v. Radio Engineers, 364 U.S. 573 (1961). cited in 1961, 364 U.S. 573, pp.364 U.S. 574. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=KCXBEVU551CHGTR.
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