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Nlrb v. Plasters’ Local, 404 U.S. 116 (1971)
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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.
Nlrb v. Plasters’ Local, 404 U.S. 116 (1971)
National Labor Relations Board v. Plasterers’ Union No. 79, Operative Plasterers’ & Cement Masons’ International Assn., AFL-CIO No. 70-63 Argued October 13, 1971 Decided December 6, 1971 * 404 U.S. 116
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
Two unions, the Plasterers and the Tile Setters, in accordance with procedures binding them to arbitrate, submitted to a board their jurisdictional dispute over work to be done for a contractor. The board awarded the work to the Plasterers. When the contractor and the Tile Setters refused to abide by the arbitration board’s decision, the Plasterers, to force reassignment of the work, picketed that contractor as well as another contractor employing members of the Tile Setters. Neither contractor was subject to the arbitration agreement. Charges were thereupon filed against the Plasterers for allegedly violating § 8(b)(4)(D) of the National Labor Relations Act, and a hearing to resolve the dispute was held under § 10(k), which directs the National Labor Relations Board (NLRB) to "hear and determine the dispute out of which [the alleged] unfair labor practice has arisen" unless "the parties to such dispute" agree upon a settlement. The NLRB, after weighing the arbitration board’s decision "and all [other] relevant factors," awarded the work to the Tile Setters. When the Plasterers refused to abide by the award, a § 8(b)(4)(D) complaint was filed against them and they were found to have violated that provision. Both contractors, which had collective bargaining agreements with the Tile Setters (but not with the Plasterer) and had been employing members of that union to perform the operation involved in the jurisdictional dispute, contended that it was far more efficient for them to use tile setters than plasterers. The Court of Appeals, on review, set aside the NLRB’s order, holding that it is not the employer, but the rival unions, that are parties to the jurisdictional dispute to which § 10(k) applies.
Held: The employers here, both of which had substantial financial stakes in the outcome of the § 10(k) proceeding, were "parties to the dispute" within the meaning of that provision, and the NLRB was empowered to determine the jurisdictional dispute under that provision in this case, where the competing unions, but not the employers, had agreed upon a voluntary method of adjustment. Highway Truckdrivers, Local 107 (Safeway Stores, Inc.), 134 N.L.R.B. 1320, distinguished. Pp. 123-137.
142 U.S.App.D.C. 146, 440 F.2d 174, reversed.
WHITE, J., delivered the opinion for a unanimous Court.
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Chicago: U.S. Supreme Court, "Syllabus," Nlrb v. Plasters’ Local, 404 U.S. 116 (1971) in 404 U.S. 116 404 U.S. 117–404 U.S. 118. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=Z971U67KKRYT114.
MLA: U.S. Supreme Court. "Syllabus." Nlrb v. Plasters’ Local, 404 U.S. 116 (1971), in 404 U.S. 116, pp. 404 U.S. 117–404 U.S. 118. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=Z971U67KKRYT114.
Harvard: U.S. Supreme Court, 'Syllabus' in Nlrb v. Plasters’ Local, 404 U.S. 116 (1971). cited in 1971, 404 U.S. 116, pp.404 U.S. 117–404 U.S. 118. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=Z971U67KKRYT114.
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