Respondents operate two retail lumber yards in California, and
annually buy from outside the State about $250,000 worth of
material for resale. Petitioner unions asked respondents to sign a
labor contract including a union shop provision, though the unions
had not been selected by a majority of respondents' employees as
their bargaining agents. Respondents refused to sign, and the
unions commenced peaceful picketing and secondary pressure to
enforce their demand. Respondents petitioned the National Labor
Relations Board to settle the question of representation of their
employees, but the Regional Director dismissed the petition. The
Board had not entered into an agreement under § 10(a) of the Act
ceding jurisdiction to the State. On complaint of respondents, a
state court enjoined the unions from picketing or exerting
secondary pressure to enforce their demands, and awarded damages to
respondents.
Held:
1. The National Labor Relations Board had exclusive jurisdiction
of the labor dispute, and the state court was without jurisdiction
to enjoin the picketing or the secondary pressure.
Guss v. Utah
Labor Relations Board, ante, p.
353 U. S. 1;
Amalgamated Meat Cutters v. Fairlawn Meats, Inc., ante, p.
353 U. S. 20. Pp.
353 U. S.
27-28.
2. Since the state court, in awarding damages, may have felt
that it was bound to apply federal law, which it was not, and it is
impossible to know how it would have applied its own state law on
this point, the case is remanded for further proceedings on that
point. P.
353 U. S.
29.
45 Cal. 2d
657, 291 P.2d 1, judgment vacated and cause remanded.
Page 353 U. S. 27
MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.
Respondents are a partnership, operating two retail lumber yards
in San Diego County, California. In the year before this proceeding
began, they purchased more than $250,000 worth of material from
outside of California for resale at retail. Petitioner unions asked
them to sign a contract including a union shop provision.
Respondents refused on the ground that it would be a violation of
the National Labor Relations Act to sign such a contract before a
majority of their employees had selected a union as their
collective bargaining agent. The unions commenced peaceful
picketing to enforce their demand. About a week later, respondents
filed suit in the Superior Court for an injunction and damages,
alleging that they were in interstate commerce, and that the
contract sought by the unions would violate the Act. [
Footnote 1] On the same day, respondents
filed with the National Labor Relations Board's regional office a
petition asking that the question of the representation of their
employees be resolved. The Regional Director dismissed the
petition. The unions nevertheless pressed their claim that the
Page 353 U. S. 28
National Board had exclusive jurisdiction. [
Footnote 2] After a hearing, the Superior Court
entered an order enjoining the unions from picketing or exerting
secondary pressure in support of their demand for a union shop
agreement unless and until one or another of the unions had been
designated as the collective bargaining representative of
respondents' employees. It also awarded respondents $1,000 damages.
The California Supreme Court affirmed. [
Footnote 3] We granted certiorari. 351 U.S. 923.
Recognizing that respondents' business affected interstate
commerce, it concluded that the Board's declination, in pursuance
of its announced jurisdictional policy, to handle respondents'
representation petition left the state courts free to act.
[
Footnote 4] On the merits, the
court said:
"The assertion of economic pressure to compel an employer to
sign the type of agreement here involved is an unfair labor
practice under section 8(b)(2) of the [National Labor relations]
[A]ct. . . . Concerted labor activities for such a purpose thus
were unlawful under the federal statute, and, for that reason, were
not privileged under the California law. [
Footnote 5]"
What we have said in
Guss v. Utah Labor Relations Board,
ante, p.
353 U. S. 1, and
Amalgamated Meat Cutters v. Fairlawn Meats, Inc., ante, p.
353 U. S. 20, is
applicable here, and those cases control this one in its major
aspects.
Page 353 U. S. 29
Respondents, however, argue that the award of damages must be
sustained under
United Construction Workers v. Laburnum
Construction Corp., 347 U. S. 656. We
do not reach this question. The California Supreme Court leaves us
in doubt, but its opinion indicates that it felt bound to "apply"
or in some sense follow federal law in this case. There is, of
course, no such compulsion.
Laburnum sustained an award of
damages under state tort law for violent conduct. We cannot know
that the California could would have interpreted its own state law
to allow an award of damages in this different situation. We
therefore vacate the judgment and remand the case to the Supreme
Court of California for proceedings not inconsistent with this
opinion and the opinions in
Guss v. Utah Labor Relations Board,
supra, and
Amalgamated Meat Cutters, etc. v. Fairlawn
Meats, Inc., supra.
Vacated and remanded.
MR. JUSTICE WHITTAKER took no part in the consideration or
decision of this case.
[For dissenting opinion of MR. JUSTICE BURTON and MR. JUSTICE
CLARK,
see ante, p.
353 U. S. 1.]
[
Footnote 1]
Section 8(a)(3) allows an employer to enter into a union
security agreement of the type petitioners here were seeking only
if the union is the bargaining representative of his employees. 61
Stat. 140, 29 U.S.C. § 158(a)(3).
[
Footnote 2]
They also maintained that by not appealing the regional
director's decision respondents had failed to exhaust their
remedies under the National Act. On our view of the case, we need
not consider this contention.
[
Footnote 3]
45 Cal. 2d
657, 291 P.2d 1.
[
Footnote 4]
Petitioners' interstate purchases fall below the standards of
retail stores.
See Amalgamated Meat Cutters v. Fairlawn Meats,
Inc. ante, p.
353 U. S. 23.
The Board draws no distinction in the application of its
jurisdictional standards between representation and unfair labor
practice cases.
C. A. Braukman, 94 N.L.R.B. 1609,
1611.
[
Footnote 5]
45 Cal. 2d at 666, 291 P.2d at 7.
