American Newspaper Publishers Association v. National Labor Relations Board (345 U.S. 100)

U.S. Supreme Court · decided March 9, 1953 · Supreme Court Database (Spaeth)

Citation
345 U.S. 100 · 73 S. Ct. 552
Docket
No. 53
Argued
November 19, 1952
Decided
March 9, 1953
Term
October Term 1952
Vote
6–3
Majority author
Justice Burton
Issue area
Unions
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal

How the Justices voted

Majority
Justice Minton, Justice Burton (wrote), Justice R. H. Jackson, Justice Frankfurter, Justice Reed, Justice Black
Dissenting
Chief Justice Vinson, Justice Clark (wrote), Justice Douglas (wrote)

Opinion on Justia

Opinion excerpt

Mr. Justice Burton delivered the opinion of the Court. The question here is whether a labor organization engages 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 newspaper publishers pay printers for reproducing advertising matter for which the publishers ordinarily have no use. For the reasons hereafter stated, we hold that it does not. Petitioner, American Newspaper Publishers Association, is a New York corporation the membership of which includes more than 800 newspaper publishers. They represent over 90% of the circulation of the daily and Sunday newspapers in the United States and carry oyer 90% of the advertising published in such papers. In November, 1947, petitioner filed with the National Labor Relations Board charges that the International Typographical Union, here called ITU, and its officers were engaging in unfair labor practices within the meaning of § 8 (b)(1), (2) and (6) of the National Labor Relations Act, as amended by the Labor Management Relations Act, 1947, here called the Taft-Hartley Act. The Regional Director of the Board issued its complaint, including a charge of engaging in an unfair labor practice as defined in § 8 (b)(6), popularly known as the “anti-featherbedding” section of the Act. It is not questioned that the acts…

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