Jim Mcneff, Inc. v. Todd et al. (461 U.S. 260)
U.S. Supreme Court · decided April 27, 1983 · Supreme Court Database (Spaeth)
- Citation
- 461 U.S. 260 · 103 S. Ct. 1753
- Decided
- April 27, 1983
- Term
- October Term 1982
- Vote
- 9–0
- Majority author
- Justice Burger
- Issue area
- Unions
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Chief Justice Burger delivered the opinion of the Court. We granted certiorari to resolve conflicts in the Circuits as to whether monetary obligations that have accrued under a prehire contract authorized by § 8(f) of the National Labor Relations Act, 73 Stat. 545, 29 U. S. C. § 158(f), can be enforced, prior to the repudiation of such a contract, in a suit brought by a union against an employer under §301 of the Labor Management Relations Act, 61 Stat. 156, 29 U. S. C. § 185, absent proof that the union represented a majority of the employees. I Petitioner is engaged in the construction industry and, in September 1978, was a subcontractor on a jobsite in southern California. The general contractor was contractually bound to the Master Labor Agreement negotiated between the International Union of Operating Engineers, Local No. 12, and the Southern California General Contractors Associations. The Master Labor Agreement provided that work at the jobsite was to be performed only by subcontractors who had signed a labor agreement with the Union. The Master Labor Agreement also contained a union security clause requiring covered employees, including those of subcontractors, to become members of the Union. At the time petitioner began work on the jobsite as a subcontractor, it was not a signatory to a labor agreement with the Union and none of its employees on the jobsite were…
Excerpt of a 21,983-character opinion. The full text and citation network load in the interactive viewer above.