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H. K. Porter Co., Inc. v. Nlrb, 397 U.S. 99 (1970)
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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.
H. K. Porter Co., Inc. v. Nlrb, 397 U.S. 99 (1970)
H. K. Porter Co., Inc. v. National Labor Relations Board No. 230 Argued January 15, 1970 Decided March 2, 1970 397 U.S. 99
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
Following protracted collective bargaining negotiations between respondent union and the petitioner revolving mainly around the union’s desire to have the company "check-off" the dues owed to the union by its members, the National Labor Relations Board (NLRB) made a finding, which the Court of Appeals approved, that the company’s refusal to bargain about the check-off was not made in good faith, but solely to frustrate the making of a collective bargaining agreement. Thereafter, the NLRB ordered the petitioner to grant the union a contract check-off clause. The Court of Appeals affirmed the order, concluding that § 8(d) of the National Labor Relations Act did not forbid the NLRB to compel agreement.
Held: Though the NLRB has power under the Act to require employers and employees to negotiate, it does not have the power to compel either to agree to any substantive contractual provision of a collective bargaining agreement. Pp. 102-109.
134 U.S.App.D.C. 227, 414 F.2d 1123, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," H. K. Porter Co., Inc. v. Nlrb, 397 U.S. 99 (1970) in 397 U.S. 99 397 U.S. 100. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=QVKAHB8Z983GC94.
MLA: U.S. Supreme Court. "Syllabus." H. K. Porter Co., Inc. v. Nlrb, 397 U.S. 99 (1970), in 397 U.S. 99, page 397 U.S. 100. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QVKAHB8Z983GC94.
Harvard: U.S. Supreme Court, 'Syllabus' in H. K. Porter Co., Inc. v. Nlrb, 397 U.S. 99 (1970). cited in 1970, 397 U.S. 99, pp.397 U.S. 100. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=QVKAHB8Z983GC94.
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