La Crosse Telephone Corp. v. Wisconsin Board
336 U.S. 18 (1949)

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U.S. Supreme Court

La Crosse Telephone Corp. v. Wisconsin Board, 336 U.S. 18 (1949)

La Crosse Telephone Corp. v. Wisconsin Employment Relations Board

Argued November 18-19, 1948

Decided January 17, 1949*

336 U.S. 18


1. A certification by the Wisconsin Employment Relations Board of a union as the collective bargaining representative of the employees of an employer engaged in interstate commerce, which certification has been reviewed and sustained by the highest court of the State, held, in view of the effect of the certification under the state law, a "final judgment" within the meaning of § 237(a) of the Judicial Code and reviewable here, although the certification was not in the form of a command. Pp. 336 U. S. 21-24.

2. In a proceeding under state law, the Wisconsin Employment Relations Board certified that the employees in the plant and traffic departments of a telephone company had elected to combine in a single bargaining unit and had chosen a certain labor organization as their collective bargaining representative, and that the employees in the office department had elected to constitute themselves as a separate unit and had chosen not to have any collective bargaining representative. The National Labor Relations Board had not undertaken, under the National Labor Relations Act, to determine the appropriate bargaining representative or unit of representation of the employees. The company concededly was engaged in interstate commerce, and the industry was one over which the National Labor Relations Board had consistently exercised jurisdiction.

Held: the State Board's certification is invalid as in conflict with the National Labor Relations Act. Bethlehem Steel Co. v. New

Page 336 U. S. 19

York State Labor Relations Board, 330 U. S. 767, followed. Pp. 336 U. S. 24-26.

3. The Labor Management Relations Act of 1947, which authorizes the National Board under specified conditions to cede its jurisdiction to a state agency, does not require a result different from that here reached. Pp. 336 U. S. 26-27.

251 Wis. 583, 30 N.W.2d 241, reversed.

The appellant telephone company and the appellant union each brought an action in a state court to set aside a certification by the Wisconsin Employment Relations Board. The State Circuit Court held that the State Board was without jurisdiction to issue the certification. The State Supreme Court reversed. 251 Wis. 583, 30 N.W.2d 241. On appeals to this Court, reversed, p. 336 U. S. 27.

Page 336 U. S. 20

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