San Diego Building Trades Council v. Garmon, No. 50
| Court | United States Supreme Court |
| Writing for the Court | WARREN |
| Citation | 353 U.S. 26,77 S.Ct. 607,1 L.Ed.2d 618 |
| Parties | SAN DIEGO BUILDING TRADES COUNCIL et al., Petitioners, v. J. S. GARMON et al |
| Docket Number | No. 50 |
| Decision Date | 25 March 1957 |
v.
J. S. GARMON et al.
Mr. Charles P. Scully, San Francisco, Cal., for petitioners.
Mr. James W. Archer, San Diego, Cal., for respondents.
Page 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.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 28
National Board had exclusive jurisdiction.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. 3 We granted certiorari. 351 U.S. 923, 76 S.Ct. 782. 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. 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) act. * * * Concerted labor activities for such a purpose...
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National Maritime Union of America v. NLRB, No. 66 Civil 2289.
...F.2d 141, 145-146 (9th Cir. 1952); Garmon v. San Diego Bldg. Trades Council, 45 Cal.2d 657, 291 P.2d 1, 5 (1955), rev'd on other grounds, 353 U.S. 26, 77 S.Ct. 607, 1 L. Ed.2d 618 28 The language of § 9(c) (1) of the Act here in issue has not been altered since it was amended in 1947. See 6......
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Garmon v. San Diego Bldg. Trades Council, No. 2020
...Cutters, etc., v. Fairlawn Meats, Inc., supra (353 U.S. 20, 77 S.Ct. 604, 1 L.Ed.2d 613).' San Diego Building Trades Council v. Garmon, 353 U.S. 26, 77 S.Ct. 607, 608, 1 L.Ed.2d [49 Cal.2d 598] Both the Guss case (Guss v. Utah Labor Relations Board, 77 S.Ct. 598) and the Amalgamated Meat Cu......
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City Line Open Hearth, Inc. v. Hotel, Motel and Club Emp. Union Local No. 568, AFL-CIO, AFL-CIO and L
...Local No. 427, A.F.L. v. Fair Lawn Meats, Inc., 353 U.S. 20, 77 S.Ct. 604, 1 L.Ed.2d 613; San Diego Building Trades Council v. Garmon, 353 U.S. 26, 77 S.Ct. 607, 1 L.Ed.2d 618 (1957); Weber v. Anheuser-Busch, 348 U.S. 468, 75 S.Ct. 480, 99 L.Ed. 546; Page 620 Garner v. Teamsters' Union, 346......
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State v. Local 1115 Joint Bd., Nursing Home and Hospital Emp. Division
...The Garmon opinion cited was written the second time that case came before the Supreme Page 897 Court of the United States. Previously, in 353 U.S. 26, 77 S.Ct. 607, 1 L.Ed.2d 618, the Supreme Court had reversed the California Supreme Court, which had affirmed an award of both injunctive re......
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National Maritime Union of America v. NLRB, No. 66 Civil 2289.
...F.2d 141, 145-146 (9th Cir. 1952); Garmon v. San Diego Bldg. Trades Council, 45 Cal.2d 657, 291 P.2d 1, 5 (1955), rev'd on other grounds, 353 U.S. 26, 77 S.Ct. 607, 1 L. Ed.2d 618 28 The language of § 9(c) (1) of the Act here in issue has not been altered since it was amended in 1947. See 6......
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Garmon v. San Diego Bldg. Trades Council, No. 2020
...Cutters, etc., v. Fairlawn Meats, Inc., supra (353 U.S. 20, 77 S.Ct. 604, 1 L.Ed.2d 613).' San Diego Building Trades Council v. Garmon, 353 U.S. 26, 77 S.Ct. 607, 608, 1 L.Ed.2d [49 Cal.2d 598] Both the Guss case (Guss v. Utah Labor Relations Board, 77 S.Ct. 598) and the Amalgamated Meat Cu......
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City Line Open Hearth, Inc. v. Hotel, Motel and Club Emp. Union Local No. 568, AFL-CIO, AFL-CIO and L
...Local No. 427, A.F.L. v. Fair Lawn Meats, Inc., 353 U.S. 20, 77 S.Ct. 604, 1 L.Ed.2d 613; San Diego Building Trades Council v. Garmon, 353 U.S. 26, 77 S.Ct. 607, 1 L.Ed.2d 618 (1957); Weber v. Anheuser-Busch, 348 U.S. 468, 75 S.Ct. 480, 99 L.Ed. 546; Page 620 Garner v. Teamsters' Union, 346......
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State v. Local 1115 Joint Bd., Nursing Home and Hospital Emp. Division
...The Garmon opinion cited was written the second time that case came before the Supreme Page 897 Court of the United States. Previously, in 353 U.S. 26, 77 S.Ct. 607, 1 L.Ed.2d 618, the Supreme Court had reversed the California Supreme Court, which had affirmed an award of both injunctive re......