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Bus Employees v. Missouri, 374 U.S. 74 (1963)
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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.
Bus Employees v. Missouri, 374 U.S. 74 (1963)
Division 1287, Amalgamated Association of Street, Electric Railway & Motor Coach Employees of America v. Missouri No. 604 Argued April 24-25, 1963 Decided June 10, 1963 374 U.S. 74
APPEAL FROM THE SUPREME COURT OF MISSOURI
Syllabus
Proceeding under a Missouri statute, the Governor of Missouri proclaimed that the public interest, health and welfare were jeopardized by a threatened strike against a public transit company in the State, and issued executive orders taking possession of the company and directing that it continue operations. However, the employees of the company did not become employees of the State; the State did not pay their wages, nor supervise their work; the property of the company was not transferred to the State; and the State did not participate in the actual management of the company. Pursuant to the statute, a state court enjoined the strike, and the Supreme Court of Missouri affirmed. After an appeal to this Court had been initiated by the filing of a jurisdictional statement, the Governor issued an executive order terminating his seizure order, but reciting that the labor dispute "remains unresolved."
Held:
1. Termination of the Governor’s seizure order did not render the case moot. Harris v. Battle, 348 U.S. 803, and Oil Workers Unions v. Missouri, 361 U.S. 363, distinguished. Pp. 77-78.
2. The state statute involved here is in conflict with § 7 of the National Labor Relations Act, and it cannot stand under the Supremacy Clause of the Constitution. Bus Employees v. Wisconsin Board, 340 U.S. 383. Pp. 78-83.
(a) The State’s actual involvement under the Governor’s seizure order fell far short of creating a state owned and operated utility whose labor relations are, by definition, excluded from the coverage of the National Labor Relations Act. P. 81.
(b) Neither the designation of the state statute as "emergency legislation" nor the purported "seizure" by the State could make a peaceful strike against a public utility unlawful in direct conflict with § 7 of the National Labor Relations Act, which guarantees the right to strike against a public utility, as against any employer engaged in interstate commerce. Pp. 81-82.
361 S.W.2d 33, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Bus Employees v. Missouri, 374 U.S. 74 (1963) in 374 U.S. 74 374 U.S. 75. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=KEDYMVYDB1X64PE.
MLA: U.S. Supreme Court. "Syllabus." Bus Employees v. Missouri, 374 U.S. 74 (1963), in 374 U.S. 74, page 374 U.S. 75. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=KEDYMVYDB1X64PE.
Harvard: U.S. Supreme Court, 'Syllabus' in Bus Employees v. Missouri, 374 U.S. 74 (1963). cited in 1963, 374 U.S. 74, pp.374 U.S. 75. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=KEDYMVYDB1X64PE.
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