Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp. (348 U.S. 437)
U.S. Supreme Court · decided March 28, 1955 · Supreme Court Database (Spaeth)
- Citation
- 348 U.S. 437 · 75 S. Ct. 489
- Decided
- March 28, 1955
- Term
- October Term 1954
- Vote
- 6–2
- Majority author
- Justice Frankfurter
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Frankfurter announced the judgment of the Court and an opinion in which Mr. Justice Burton and Mr. Justice Minton join. Respondent is a Pennsylvania corporation engaged in the manufacture and sale of electrical equipment in interstate commerce. Petitioner, an unincorporated labor organization and the collective bargaining representative of some 5,000 salaried employees at two of respondent’s plants, filed this suit against respondent in the United States District Court for the Western District of Pennsylvania to enforce collective bargaining agreements then in effect between it and respondent. The suit was brought under § 301 of the Labor Management Relations Act of 1947, 61 Stat. 156, 29 U. S. C. § 185, and the Federal Declaratory Judgment Act, 62 Stat. 964, as amended, 28 U. S. C. §§ 2201, 2202. More specifically, petitioner alleged that under the contracts respondent was obligated to pay the employees represented by petitioner their full salary during April 1951, regardless of whether they missed a day’s work, unless the absence was due to “furlough” or “leave of absence,” and that respondent had violated the contracts by deducting from the pay of some 4,000 of those employees their wages for April 3, when they were absent. No reason was given for their absence, but it was alleged that the reason was not furlough or leave of absence. The employees were not…
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