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Labor Board v. Rockaway News Supply Co., Inc., 345 U.S. 71 (1953)
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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. Rockaway News Supply Co., Inc., 345 U.S. 71 (1953)
National Labor Relations Board v. Rockaway News Supply Co., Inc. No. 318 Argued January 14, 1953 Decided March 9, 1953 345 U.S. 71
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Respondent discharged an employee for refusing to cross, in the performance of his duties, a lawful picket line maintained at premises other than his employer’s by a union of which he was not a member. His own union had not forbidden him to cross the line, and his fellow employees did cross it. Their union had a contract with respondent which provided against strikes, lockouts, other cessation of work or interference therewith except as against a party failing to comply with a decision of an Adjustment Board for which it provided. On arbitration, this Adjustment Board decided in favor of respondent. The employee then filed with the National Labor Relations Board a charge that his discharge violated § 8(a) of the National Labor Relations Act. There was no evidence that it resulted from anti-union bias or was intended to discourage his membership in the union.
Held: in the circumstances of this case, respondent’s discharge of this employee was not an unfair labor practice under § 8(a) of the Act. Pp. 72-81.
2. In issuing a cease and desist order against respondent in this case, the National Labor Relations Board erred in ignoring respondent’s contract with the union on the ground that it was utterly null and void under the Board’s recent decision in another case, which was decided after the discharge of the employee here involved. Pp. 76-78.
3. The no-strike and arbitration provisions of respondent’s contract with the employee’s union are not unlawful, nor, in the circumstances of this case and in view of the savings and separability clauses of the contract, were they rendered illegal by appearing in the same contract with forbidden provisions for union security not expressly conditioned on a vote of employees under § 9(e) of the Labor Management Relations Act. Pp. 78-81.
197 F.2d 111 affirmed.
The National Labor Relations Board ordered respondent to cease and desist from labor practices which it found violative of § 8(a) of the National Labor Relations Act, to reinstate a discharged employee, and to post appropriate notices. 95 NLRB 336. The Court of Appeals set aside the order. 197 F.2d 111. This Court granted certiorari. 344 U.S. 863. Affirmed, p. 81.
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Chicago: U.S. Supreme Court, "Syllabus," Labor Board v. Rockaway News Supply Co., Inc., 345 U.S. 71 (1953) in 345 U.S. 71 345 U.S. 72. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=NT3UF2WRRICM17Z.
MLA: U.S. Supreme Court. "Syllabus." Labor Board v. Rockaway News Supply Co., Inc., 345 U.S. 71 (1953), in 345 U.S. 71, page 345 U.S. 72. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=NT3UF2WRRICM17Z.
Harvard: U.S. Supreme Court, 'Syllabus' in Labor Board v. Rockaway News Supply Co., Inc., 345 U.S. 71 (1953). cited in 1953, 345 U.S. 71, pp.345 U.S. 72. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=NT3UF2WRRICM17Z.
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