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Labor Board v. Coca-Cola Bottling Co., 350 U.S. 264 (1956)
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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. Coca-Cola Bottling Co., 350 U.S. 264 (1956)
National Labor Relations Board v. Coca-Cola Bottling Co. of Louisville, Inc. No. 79 Argued January 17, 1956 Decided February 27, 1956 350 U.S. 264
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
A labor union instituted proceedings before the National Labor Relations Board charging an employer with unfair labor practices in violation of §§ 8(a)(1) and 8(a)(3) of the National Labor Relations Act. A complaint based on these charges was issued. At the hearing, the employer challenged the Board’s jurisdiction on the ground that the union had not satisfied the requirements of § 9(h), which requires the filing of non-Communist affidavits by all "officers" of the union and of any national or international labor organization of which it is an affiliate, and offered to prove that the Regional Director of the CIO for Kentucky, who had not filed such an affidavit, was an "officer" within the meaning of § 9(h).
Held:
1. The Board erred in ruling that, during the course of the unfair labor practice hearing, the employer could not show that the labor organization had not complied with § 9(h), and thereby establish the Board’s want of jurisdiction. Labor Board v. Highland Park Manufacturing Co., 341 U.S. 322. Pp. 266-268.
2. The Board’s construction of the word "officer" in § 9(h) as meaning "any person occupying a position identified as an office in the constitution of the labor organization," and its finding that the Regional Director of the CIO for Kentucky is not such an "officer," are sustained. Pp. 268-269.
219 F.2d 441, reversed and remanded.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Labor Board v. Coca-Cola Bottling Co., 350 U.S. 264 (1956) in 350 U.S. 264 350 U.S. 265. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=SFJRITME42UFQQ9.
MLA: U.S. Supreme Court. "Syllabus." Labor Board v. Coca-Cola Bottling Co., 350 U.S. 264 (1956), in 350 U.S. 264, page 350 U.S. 265. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=SFJRITME42UFQQ9.
Harvard: U.S. Supreme Court, 'Syllabus' in Labor Board v. Coca-Cola Bottling Co., 350 U.S. 264 (1956). cited in 1956, 350 U.S. 264, pp.350 U.S. 265. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=SFJRITME42UFQQ9.
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