Wallace Corporation v. National Labor Relations Board | |
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Argued November 15–16, 1944 Decided December 18, 1944 | |
Full case name | Wallace Corporation v. National Labor Relations Board. Richwood Clothespin and Dish Workers' Union v. Same. |
Citations | 323 U.S. 248 ( more ) |
Case history | |
Prior | 141 F.2d 87 (4th Cir. 1944) (affirmed) |
Court membership | |
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Case opinions | |
Majority | Black, joined by Reed, Douglas, Murphy, Rutledge |
Dissent | Jackson, joined by Stone, Roberts, Frankfurter |
Laws applied | |
National Labor Relations Act |
Wallace Corporation v. National Labor Relations Board, 323 U.S. 248 (1944), is a US labor law case of the United States Supreme Court. [1]
In an attempt to settle a labor dispute at a company plant, the company signed an agreement with two unions (a company union, which was referred to as "Independent" in the company and in the judgment, and a CIO union) that had been approved by the National Labor Relations Board. Pursuant to this agreement, at a consent election was held to determine which union would be certified by the Board as bargaining representative; the company-dominated union won a majority of the votes cast. The company then signed a union shop contract with the union knowing that the union intended to refuse membership to employees who supported the CIO union. The company union refused to admit C. I. O. men to membership and the company discharged them.
In a subsequent unfair labor practice proceeding the Board found that the company had engaged in unfair labor practices in two respects:
Accordingly, the NLRB entered an order requiring petitioner to disestablish the company union; to cease and desist from giving effect to the union shop contract between it and the company union; and to reinstate forty-three employees, whom it found to have been discharged, according to the terms of the union shop contract, because of their affiliation with the C. I. O. and their failure to belong to the company union. [2]
The Circuit Court of Appeals ordered enforcement of the NLRB's Order. [3]
The Supreme Court granted certiorari "because of the importance to the administration of the Act of the questions involved." 322 U.S. 721.
The Board's order was upheld by the United States Supreme Court even though it was not found that the company engaged in a conspiracy to bring about the employees' discharge. The Court emphasized the general hostility of the company to the rival union and members. The employer was not obliged to enter into the closed shop contract when it knew that discriminatory discharges of its employees were bound to occur under the contract.
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
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