Nash v. Florida Industrial Commission, No. 48

CourtUnited States Supreme Court
Writing for the CourtBLACK
Citation19 L.Ed.2d 438,88 S.Ct. 362,389 U.S. 235
PartiesMinnie E. NASH, Petitioner, v. FLORIDA INDUSTRIAL COMMISSION et al
Docket NumberNo. 48
Decision Date05 December 1967

389 U.S. 235
88 S.Ct. 362
19 L.Ed.2d 438
Minnie E. NASH, Petitioner,

v.

FLORIDA INDUSTRIAL COMMISSION et al.

No. 48.
Argued Nov. 9, 1967.
Decided Dec. 5, 1967.

Michael H. Gottesman, Washington, D.C., for petitioner.

Glenn L. Greene, Jr. for respondents.

Mr. Justice BLACK delivered the opinion of the Court.

Section 10 of the National Labor Relations Act, 49 Stat. 453, as amended, lations Board to initiate unfair labor 29 U.S.C. § 160, authorizes the National Labor Relations Board to initiate unfair labor practice proceedings whenever some person charges that another person has committed such practices. The Board cannot start a proceeding without such a charge being filed with it. See e.g., National Labor Relations Board v. National Licorice Co., 104 F.2d 655 (C.A.2d Cir.),

Page 236

modified on other grounds 309 U.S. 350, 60 S.Ct. 569, 84 L.Ed. 799; Local 138, Operating Engineers (Skura), 148 N.L.R.B. 679, 681. The crucial question presented here is whether a State can refuse to pay its unemployment insurance to persons solely because they have preferred unfair labor practice charges against their former employer.

The facts are stipulated and need not be stated at length. The petitioner, Mrs. Nash, who previously had been out on strike against her employer, the Stanley Works and Stanley Building Specialties, was, pursuant to union-management agreement, reinstated to her former job on April 14, 1965. Approximately five weeks later, on May 16, 1965, she was laid off by the company because of alleged 'slow production,' meaning that the company had insufficient work to warrant her retention. Mrs. Nash was unemployed from this time until October 5, 1965, when the company voluntarily called her back to work. She has been allowed unemployment compensation, under Florida Statutes, chapter 443, F.S.A., from the time of her discharge on May 16, up to June 17, but denied any compensation from June 17 to October 5. The reason given for this denial was that on June 17 she filed an unfair labor practice charge against her employer seeking reinstatement and back pay on the ground that the employer had actually laid her off because of her union activities in violation of the National Labor Relations Act, and that this charge was still pending on October 5, when she resumed work. In making this ruling the Florida Industrial Commission relied on § 443.06 of the Florida Unemployment Compensation Law, F.S.A. which provides:

'An individual shall be disqualified for (unemployment) benefits * * * (4) For any week with respect to which the commission finds that his total or partial unemployment is due to a labor dispute in

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active progress which exists at the factory, establishment or other premises at which he is or was last employed * * *.'

The Commission held that the filing of the unfair labor practice charge brought petitioner within the wording of the Act in that her 'unemployment' then became 'due to a labor dispute.' Thus the sole reason that petitioner was disqualified from compensation was that she filed an unfair labor practice charge. According to the Commission, the act of filing was the determinative factor under Florida law which rendered petitioner ineligible for unemployment compensation. The District Court of Appeal of Florida, Third District, denied per curiam petitioner's application for writ of certiorari to review the determinations of the Florida Industrial Commission Unemployment Compensation Board of Review. Since such denial by the Florida District Court of Appeal apparently precludes further state review,1 we granted certiorari because of the important constitutional question involved, specifically whether the Commission's ruling violates the Supremacy Clause of the Constitution (Art. VI. cl. 2) because it allegedly 'frustrates' enforce-

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ment of the National Labor Relations Act, 49 Stat. 449, 29 U.S.C. § 151 et seq.2

The National Labor Relations Act is a...

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159 practice notes
  • Public Service Commission of State of N. Y. v. Federal Power Commission, Nos. 24716
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • August 27, 1975
    ...1542-1546, 20 L.Ed.2d at 405-406, 407-412; United Gas Improvement Co. v. Callery Properties, spra note 46, 382 U.S. at 226-228, 88 S.Ct. at 362-364, 15 L.Ed.2d at 288-289. See also Op. text at ns. 75 See Atlantic Ref.Co. v. Public Serv. Comm'n, supra note 36, 360 U.S. at 389-392, 79 S.Ct. a......
  • Save Our Valley v. Sound Transit, No. 01-36172.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 10, 2003
    ...the rights the NLRA confers on individuals have consequences: they function as limits on state action. In Nash v. Florida Indus. Comm'n, 389 U.S. 235, 239, 88 S.Ct. 362, 19 L.Ed.2d 438 (1967), the Court held that an employee's § 7 rights precluded a state from denying an employee unemployme......
  • United States v. Burhoe, Nos. 15-1542 15-1612.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • September 8, 2017
    ...interstate and foreign commerce." Tamburello v. Comm-Tract Corp., 67 F.3d 973, 976 (1st Cir. 1995) (quoting Nash v. Fla. Indus. Comm'n, 389 U.S. 235, 238, 88 S.Ct. 362, 19 L.Ed.2d 438 (1967) ). It "reflects congressional intent to create a uniform, nationwide body of labor law interpreted b......
  • U.S. v. Palumbo Bros., Inc., No. 97-3807
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • June 12, 1998
    ...importance of protecting employees' rights to organize and to bargain collectively with their employers. 5 Nash v. Florida Indus. Comm'n, 389 U.S. 235, 238, 88 S.Ct. 362, 19 L.Ed.2d 438 (1967). The NLRA establishes protected labor activities for employees, and sanctions any unfair labor pra......
  • Request a trial to view additional results
159 cases
  • Public Service Commission of State of N. Y. v. Federal Power Commission, Nos. 24716
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • August 27, 1975
    ...1542-1546, 20 L.Ed.2d at 405-406, 407-412; United Gas Improvement Co. v. Callery Properties, spra note 46, 382 U.S. at 226-228, 88 S.Ct. at 362-364, 15 L.Ed.2d at 288-289. See also Op. text at ns. 75 See Atlantic Ref.Co. v. Public Serv. Comm'n, supra note 36, 360 U.S. at 389-392, 79 S.Ct. a......
  • Save Our Valley v. Sound Transit, No. 01-36172.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 10, 2003
    ...the rights the NLRA confers on individuals have consequences: they function as limits on state action. In Nash v. Florida Indus. Comm'n, 389 U.S. 235, 239, 88 S.Ct. 362, 19 L.Ed.2d 438 (1967), the Court held that an employee's § 7 rights precluded a state from denying an employee unemployme......
  • United States v. Burhoe, Nos. 15-1542 15-1612.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • September 8, 2017
    ...interstate and foreign commerce." Tamburello v. Comm-Tract Corp., 67 F.3d 973, 976 (1st Cir. 1995) (quoting Nash v. Fla. Indus. Comm'n, 389 U.S. 235, 238, 88 S.Ct. 362, 19 L.Ed.2d 438 (1967) ). It "reflects congressional intent to create a uniform, nationwide body of labor law interpreted b......
  • U.S. v. Palumbo Bros., Inc., No. 97-3807
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • June 12, 1998
    ...importance of protecting employees' rights to organize and to bargain collectively with their employers. 5 Nash v. Florida Indus. Comm'n, 389 U.S. 235, 238, 88 S.Ct. 362, 19 L.Ed.2d 438 (1967). The NLRA establishes protected labor activities for employees, and sanctions any unfair labor pra......
  • Request a trial to view additional results
1 books & journal articles
  • State Authority to Regulate Toxins in Children's Consumer Products
    • United States
    • Environmental Law Reporter Nbr. 40-3, March 2010
    • March 1, 2010
    ...& Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142 (1963). 67. Id. at 142-43. 68. Hines, 312 U.S. at 67. 69. Nash v. Fla. Indus. Comm’n, 389 U.S. 235 (1967). However, obstacle preemption is not always this clear. See Erwin Chemerinsky, Constitutional Law: Principles and Policies 415 (3d ed.......

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