International Union, U. A. W. a., A. F. of L., Local 232, et al. v. Wisconsin Employment Relations Board et al. (336 U.S. 245)

U.S. Supreme Court · decided February 28, 1949 · Supreme Court Database (Spaeth)

Citation
336 U.S. 245 · 69 S. Ct. 516
Decided
February 28, 1949
Term
October Term 1948
Vote
5–4
Majority author
Justice Jackson (R.H.)
Issue area
Unions
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

Mr. Justice Jackson delivered the opinion of the Court. Certain labor legislation of the State of Wisconsin, as applied by its Supreme Court, is challenged because it is said to transgress constitutional limitations imposed by the Thirteenth and Fourteenth Amendments and by the Commerce Clause as implemented by the National Labor Relations Act and the Labor Management Relations Act of 1947. The Supreme Court of Wisconsin held that its Act authorizes the State Employment Relations Board to order a labor union to cease and desist from instigating certain intermittent and unannounced work stoppages which it had caused under the following circumstances: Briggs & Stratton Corporation operates two manufacturing plants in the State of Wisconsin engaging approximately 2,000 employees. These are represented by the International Union, Automobile Workers of America, A. F. of L., Local No. 232, as collective bargaining agent, it having been duly certified as such by the National Labor Relations Board in proceedings under the National Labor Relations Act. Under such certification, the Union had negotiated collective bargaining agreements, the last of which expired on July 1, 1944. Negotiation of a new one reached a deadlock and bargaining sessions continued for some time without success. On November 3, 1945, its leaders submitted to the Union membership a plan for a new method of putting…

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