United States Supreme Court Cases & Opinions

U.S. Supreme Court

Labor Board v. Steelworkers, 357 U.S. 357 (1958)

National Labor Relations Board v.

United Steelworkers of America, CIO

No. 81

Argued January 29, 1958

Decided June 30, 1958*

357 U.S. 357

Syllabus

These two cases involve the question whether, in the circumstances, it was an unfair labor practice within the meaning of § 8(a)(1) of the National Labor Relations Act, as amended, for an employer to enforce an otherwise valid rule forbidding employees to engage in pro-union solicitation during working hours or to distribute literature in the employer's plant when the employer was engaging in anti-union solicitation and was committing other acts which constituted unfair labor practices. In one case, the employer's anti-union campaign was so conducted as to constitute an unfair labor practice. In neither case was it shown that the employees or the union had requested the employer to make an exception to permit pro-union solicitation or that the no-solicitation rule actually diminished the ability of the labor organization involved to carry its messages to the employees.

Held: the records in these cases furnish no basis for findings that enforcement of the no-solicitation rules constituted unfair labor practices. Pp. 357 U. S. 358-365.

100 U.S.App.D.C. 170, 243 F.2d 593, reversed in part, affirmed in part, and cause remanded.

242 F.2d 669 affirmed.

Page 357 U. S. 358