Labor Board v. Gamble Enterprises,
345 U.S. 117 (1953)

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U.S. Supreme Court

Labor Board v. Gamble Enterprises, 345 U.S. 117 (1953)

National Labor Relations Board v. Gamble Enterprises

No. 238

Argued November 19, 1952

Decided March 9, 1953

345 U.S. 117


A labor organization does not engage in an unfair labor practice, within the meaning of § 8(b)(6) of the National Labor Relations Act, as amended by the Labor Management Relations Act, 1947, when it insists that the management of one of an interstate chain of theaters shall employ a local orchestra to play in connection with certain programs, although that management does not need or want to employ that orchestra. American Newspaper Publisher Assn. v. Labor Board, ante, p. 345 U. S. 100. Pp. 345 U. S. 118-124.

(a) This Court in this case accepts the finding of the Board, made upon the entire record, that the union was seeking actual employment for its members, and not mere "standby" pay. P. 345 U. S. 123.

(b) Payments for "standing-by," or for the substantial equivalent of "standing-by," are not payments for services performed, but when an employer receives a bona fide offer of competent performance of relevant services, it remains for the employer, through free and fair negotiation, to determine whether such offer shall be accepted and what compensation shall be paid for the work done. Pp. 345 U. S. 123-124.

196 F.2d 61 reversed.

In an unfair labor practice proceeding, respondent's charges under § 8(b)(6) of the National Labor Relation Act, as amended by the Labor Management Relations Act, 1947, were dismissed by the Board. 92 N.L.R.B 1528. The Court of Appeals set aside the Board's order of dismissal and remanded the cause. 196 F.2d 61. This Court granted certiorari. 344 U.S. 814. Reversed and remanded, p. 345 U. S. 124.

Page 345 U. S. 118

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