La Crosse Telephone Corp. v. Wisconsin Board, 336 U.S. 18 (1949)

Name: La Crosse Telephone Corp. v. Wisconsin Board, 336 U.S. 18 (1949) - Syllabus
Author: U.S. Supreme Court

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 336 U.S. 1, click here.

La Crosse Telephone Corp. v. Wisconsin Employment Relations Board

Argued November 18-19, 1948
Decided January 17, 1949 *
336 U.S. 18

APPEAL FROM THE SUPREME COURT OF WISCONSIN

Syllabus

1. A certification by the Wisconsin Employment Relations Board of a union as the collective bargaining representative of the employees of an employer engaged in interstate commerce, which certification has been reviewed and sustained by the highest court of the State, held, in view of the effect of the certification under the state law, a "final judgment" within the meaning of § 237(a) of the Judicial Code and reviewable here, although the certification was not in the form of a command. Pp. 21-24.

2. In a proceeding under state law, the Wisconsin Employment Relations Board certified that the employees in the plant and traffic departments of a telephone company had elected to combine in a single bargaining unit and had chosen a certain labor organization as their collective bargaining representative, and that the employees in the office department had elected to constitute themselves as a separate unit and had chosen not to have any collective bargaining representative. The National Labor Relations Board had not undertaken, under the National Labor Relations Act, to determine the appropriate bargaining representative or unit of representation of the employees. The company concededly was engaged in interstate commerce, and the industry was one over which the National Labor Relations Board had consistently exercised jurisdiction.

Held: the State Board’s certification is invalid as in conflict with the National Labor Relations Act. Bethlehem Steel Co. v. NewYork State Labor Relations Board, 330 U.S. 767, followed. Pp. 24-26.

3. The Labor Management Relations Act of 1947, which authorizes the National Board under specified conditions to cede its jurisdiction to a state agency, does not require a result different from that here reached. Pp. 26-27.

251 Wis. 583, 30 N.W.2d 241, reversed.

The appellant telephone company and the appellant union each brought an action in a state court to set aside a certification by the Wisconsin Employment Relations Board. The State Circuit Court held that the State Board was without jurisdiction to issue the certification. The State Supreme Court reversed. 251 Wis. 583, 30 N.W.2d 241. On appeals to this Court, reversed, p. 27.

Contents:

Related Resources

None available for this document.

Download Options

Title: La Crosse Telephone Corp. v. Wisconsin Board, 336 U.S. 18 (1949)

Select an option:

*Note: A download may not start for up to 60 seconds.

Email Options

Title: La Crosse Telephone Corp. v. Wisconsin Board, 336 U.S. 18 (1949)

Select an option:

Email addres:

*Note: It may take up to 60 seconds for for the email to be generated.

Chicago: U.S. Supreme Court, "Syllabus," La Crosse Telephone Corp. v. Wisconsin Board, 336 U.S. 18 (1949) in 336 U.S. 18 336 U.S. 19–336 U.S. 20. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=TMWF1FSQ952XBUB.

MLA: U.S. Supreme Court. "Syllabus." La Crosse Telephone Corp. v. Wisconsin Board, 336 U.S. 18 (1949), in 336 U.S. 18, pp. 336 U.S. 19–336 U.S. 20. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TMWF1FSQ952XBUB.

Harvard: U.S. Supreme Court, 'Syllabus' in La Crosse Telephone Corp. v. Wisconsin Board, 336 U.S. 18 (1949). cited in 1949, 336 U.S. 18, pp.336 U.S. 19–336 U.S. 20. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=TMWF1FSQ952XBUB.