National Labor Relations Board v. International Brotherhood of Electrical Workers, Local 340 (481 U.S. 573)
U.S. Supreme Court · decided May 18, 1987 · Supreme Court Database (Spaeth)
- Citation
- 481 U.S. 573 · 107 S. Ct. 2002
- Decided
- May 18, 1987
- Term
- October Term 1986
- Vote
- 6–3
- Majority author
- Justice Brennan
- Issue area
- Unions
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Brennan delivered the opinion of the Court. The question for decision is whether a union “restraints] or coerce[s] ... an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances,” 29 U. S. C. § 158(b)(1)(B), when it disciplines a supervisor union member who does not participate in collective bargaining or adjust contractual grievances, and whose employer has not entered into a collective-bargaining agreement with the union. I Royal Electric (Royal) and Nutter Electric (Nutter) are members of the National Electrical Contractors Association (NECA). In May 1981, the last in a series of collective-bargaining agreements between NECA and the International Brotherhood of Electrical Workers, Local 340 (IBEW or Union), expired. Negotiations for a new agreement failed shortly thereafter, and the Union struck all NECA employers, including Royal and Nutter. The strike lasted several months. On September 15,1981, the Union sent NECA a disclaimer of interest “in representing . . . the employees of the multi-[employer] bargaining unit previously established,” 271 N. L. R. B. 995, 996 (1984); NECA accepted the disclaimer the following day. The Union then filed petitions seeking to represent the employees of 17 NECA members in single-employer units. Neither then nor thereafter did the Union file a petition to represent…
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