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Labor Board v. Gamble Enterprises, 345 U.S. 117 (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. Gamble Enterprises, 345 U.S. 117 (1953)
National Labor Relations Board v. Gamble Enterprises No. 238 Argued November 19, 1952 Decided March 9, 1953 345 U.S. 117
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
A labor organization does not engage in an unfair labor practice, within the meaning of § 8(b)(6) of the National Labor Relations Act, as amended by the Labor Management Relations Act, 1947, when it insists that the management of one of an interstate chain of theaters shall employ a local orchestra to play in connection with certain programs, although that management does not need or want to employ that orchestra. American Newspaper Publisher Assn. v. Labor Board, ante, p. 100. Pp. 118-124.
(a) This Court in this case accepts the finding of the Board, made upon the entire record, that the union was seeking actual employment for its members, and not mere "standby" pay. P. 123.
(b) Payments for "standing-by," or for the substantial equivalent of "standing-by," are not payments for services performed, but when an employer receives a bona fide offer of competent performance of relevant services, it remains for the employer, through free and fair negotiation, to determine whether such offer shall be accepted and what compensation shall be paid for the work done. Pp. 123-124.
196 F.2d 61 reversed.
In an unfair labor practice proceeding, respondent’s charges under § 8(b)(6) of the National Labor Relation Act, as amended by the Labor Management Relations Act, 1947, were dismissed by the Board. 92 N.L.R.B 1528. The Court of Appeals set aside the Board’s order of dismissal and remanded the cause. 196 F.2d 61. This Court granted certiorari. 344 U.S. 814. Reversed and remanded, p. 124.
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Chicago: U.S. Supreme Court, "Syllabus," Labor Board v. Gamble Enterprises, 345 U.S. 117 (1953) in 345 U.S. 117 345 U.S. 118. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=UXFKIYXAHPCRWP9.
MLA: U.S. Supreme Court. "Syllabus." Labor Board v. Gamble Enterprises, 345 U.S. 117 (1953), in 345 U.S. 117, page 345 U.S. 118. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UXFKIYXAHPCRWP9.
Harvard: U.S. Supreme Court, 'Syllabus' in Labor Board v. Gamble Enterprises, 345 U.S. 117 (1953). cited in 1953, 345 U.S. 117, pp.345 U.S. 118. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=UXFKIYXAHPCRWP9.
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