United States Supreme Court Cases & Opinions

U.S. Supreme Court

Electrical Workers v. Labor Board, 341 U.S. 694 (1951)

International Brotherhood of Electrical Workers v.

National Labor Relations Board

No. 108

Argued February 26-27, 1951

Decided June 4, 1951

341 U.S. 694

Syllabus

By peaceful picketing, the agent of a labor organization induced union employees of a carpentry subcontractor on a construction project to engage in a strike in the course of their employment. An object of such inducement was to force the general contractor to terminate its contract with the electrical subcontractor, who was employing nonunion workmen. The National Labor Relations Board found that the labor organization and its agent (petitioners here) had committed an unfair labor practice within the meaning of § 8(b)(4)(A) of the National Labor Relations Act, as amended by the Labor Management Relations Act, 1947, and ordered them to cease and desist.

Held: this finding and the order are sustained. See Labor Board v. Denver Building Trades Council, ante, p. 341 U. S. 675. Pp. 341 U. S. 695-706.

1. The actions complained of had sufficient effect upon interstate commerce to sustain the jurisdiction of the Board. P. 341 U. S. 699.

2. The findings demonstrate that the picketing was directed at the union employees of the carpentry subcontractor to induce them to strike, and thus force the carpentry subcontractor to force the general contractor to terminate the contract of the electrical subcontractor. Pp. 341 U. S. 699-700.

3. It was sufficient that an objective, although not necessarily the only objective, of the picketing was to force the general contractor to terminate the contract of the electrical subcontractor. P. 341 U. S. 700.

4. Section 8(c) does not immunize peaceful picketing which induces a secondary boycott made unlawful by § 8(b)(4). Pp. 341 U. S. 700-705.

5. The prohibition of inducement or encouragement of secondary pressure by § 8(b)(4)(A) carries no unconstitutional abridgment of free speech. P. 341 U. S. 705.

Page 341 U. S. 695

6. The order issued by the Board in this case properly enjoined petitioners from exerting this pressure upon the electrical subcontractor through other employers, as well as through the general contractor and the carpentry subcontractor. Pp. 705-706.

181 F.2d 34, affirmed.

The National Labor Relations Board found that petitioners had committed an unfair labor practice within the meaning of § 8(b)(4)(A) of the National Labor Relations Act, as amended by the Labor Management Relations Act, 1947, and ordered them to cease and desist. 82 N.L.R.B. 1028. The Court of Appeals ordered enforcement. 181 F.2d 34. This Court granted certiorari. 340 U.S. 902. Affirmed, p. 341 U. S. 706.