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American Ship Building Co. v. Labor Board, 380 U.S. 300 (1965)
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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.
American Ship Building Co. v. Labor Board, 380 U.S. 300 (1965)
American Ship Building Co. v. Labor Board No. 255 Argued January 21, 1965 Decided March 29, 1965 380 U.S. 300
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
Petitioner, operator of four shipyards, entered negotiations with the unions representing its employees for the purpose of securing a new agreement to replace the current contract, soon to expire. After a bargaining impasse was reached, petitioner temporarily closed down one yard and laid off employees at the others. The National Labor Relations Board found that the employer could not have reasonably anticipated a strike, that the sole purpose of the layoffs was to bring economic pressure to secure a prompt and favorable settlement of the labor dispute, and that, therefore, petitioner violated §§ 8(a)(1) and (3) of the National Labor Relations Act. The Court of Appeals granted enforcement of the Board’s order.
Held: an employer does not commit an unfair labor practice under either § 8(a)(1) or § 8(a)(3) of the Act when, after an impasse has been reached in negotiations, he temporarily shuts down his plant and lays off his employees for the sole purpose of applying economic pressure in support of his legitimate bargaining position. Pp. 308-318.
118 U.S.App.D.C. 78, 331 F.2d 839 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," American Ship Building Co. v. Labor Board, 380 U.S. 300 (1965) in 380 U.S. 300 380 U.S. 301. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=Y6LZE221F9UI6X4.
MLA: U.S. Supreme Court. "Syllabus." American Ship Building Co. v. Labor Board, 380 U.S. 300 (1965), in 380 U.S. 300, page 380 U.S. 301. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=Y6LZE221F9UI6X4.
Harvard: U.S. Supreme Court, 'Syllabus' in American Ship Building Co. v. Labor Board, 380 U.S. 300 (1965). cited in 1965, 380 U.S. 300, pp.380 U.S. 301. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=Y6LZE221F9UI6X4.
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