La CROSSE TELEPHONE CORP. v. WISCONSIN EMPLOYMENT RELATIONS BOARD ET AL. (336 U.S. 18)
U.S. Supreme Court · decided January 17, 1949 · Supreme Court Database (Spaeth)
- Citation
- 336 U.S. 18 · 69 S. Ct. 379
- Decided
- January 17, 1949
- Term
- October Term 1948
- Vote
- 9–0
- Majority author
- Justice Douglas
- Issue area
- Federalism
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Douglas delivered the opinion of the Court. These cases, here on appeal from the Wisconsin Supreme Court, 28 U. S. C. § 344 (a), 43 Stat. 937, 45 Stat. 54, present the question whether a certification of a union by the Wisconsin Employment Relations Board, Wis. Stats. 1947, ch. Ill, as the collective bargaining representative of the employees of appellant company, conflicts with the National Labor Relations Act, 49 Stat. 449, 29 U. S. C. §§ 151 et seq. Prior to 1945 the appellant company recognized the appellant union as the collective bargaining representative of its plant and traffic department employees. The company and the union entered into a collective bargaining agreement which by its terms was to continue from year to year unless terminated by either party on a specified notice. At a time when certain provisions of that agreement were being renegotiated a rival union, the Telephone Guild, filed a petition with the National Board asking that it certify the collective bargaining representative of these employees. Before the National Board acted, the Guild withdrew its petition and filed a petition with the Wisconsin Board seeking the same relief. The Wisconsin Board held a hearing and directed that separate elections be held among the employees in the plant, traffic, and office departments of the company to determine whether they desired to be grouped in a…
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