Building Service Union v. Gazzam, 339 U.S. 532 (1950)
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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.
Building Service Union v. Gazzam, 339 U.S. 532 (1950)
Building Service International Union, Local 262 v. Gazzam No. 449 Argued February 9, 1950 Decided May 8, 1950 339 U.S. 532
CERTIORARI TO THE SUPREME COURT OF WASHINGTON
Syllabus
In a state whose public policy is that employers shall not coerce their employees’ choice of a bargaining representative, a state court injunction against peaceful picketing by a labor union for the particular purpose of compelling an employer to sign a contract which would coerce his employees’ choice of a bargaining representative does not violate the right of free speech guaranteed by the First and Fourteenth Amendments of the Federal Constitution. Pp. 533-541.
(a) Since picketing is more than speech, and establishes a locus in quo that has far more potential for inducing action than the message the pickets convey, this Court upholds a state’s restraint of acts and conduct which are an abuse of the right to picket, rather than a means of peaceful and truthful publicity. Pp. 536-537.
(b) The picketing of the employer to compel him to coerce his employees’ choice of a bargaining representative was unlawful because it was an attempt to induce a transgression of the State’s policy against such coercion of employees. Pp. 538-539.
(c) American Federation of Labor v. Swing, 312 U.S. 321, distinguished; Giboney v. Empire Storage & Ice Co., 336 U.S. 490, followed. Pp. 539-540.
34 Wash.2d 38, 207 P.2d 699, affirmed.
Petitioners were enjoined by a state court from picketing respondent’s place of business. The State Supreme Court affirmed. 34 Wash.2d 38, 207 P.2d 699. This Court granted certiorari. 338 U.S. 903. Affirmed, p. 541.
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Chicago: U.S. Supreme Court, "Syllabus," Building Service Union v. Gazzam, 339 U.S. 532 (1950) in 339 U.S. 532 339 U.S. 533. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=RYINGGMIS83DHQN.
MLA: U.S. Supreme Court. "Syllabus." Building Service Union v. Gazzam, 339 U.S. 532 (1950), in 339 U.S. 532, page 339 U.S. 533. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RYINGGMIS83DHQN.
Harvard: U.S. Supreme Court, 'Syllabus' in Building Service Union v. Gazzam, 339 U.S. 532 (1950). cited in 1950, 339 U.S. 532, pp.339 U.S. 533. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=RYINGGMIS83DHQN.
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