Local 74, United Brotherhood of Carpenters & Joiners of America v. National Labor Relations Board

Background

A local union and its business agent sought a closed-shop agreement from a Chattanooga store that sold and installed wall and floor coverings. The store, Watson’s, used nonunion crews for installations. A homeowner hired a contractor who bought coverings from Watson’s because no other local source was available. When Watson’s crews worked on the house, the union told its carpenters not to work with or where nonunion men were employed, and the carpenters stopped returning to the job after that instruction.

Reasoning

The main question was whether continuing that ordered work stoppage after a new law took effect on August 22, 1947, violated the statute banning strikes meant to force a third party to stop doing business with an employer. The National Labor Relations Board found the union and its agent had ordered and continued the strike with the object of forcing the homeowner to cancel Watson’s contract. The Court accepted the Board’s findings that commerce ties to the store were sufficient, agreed the strike continued after the law’s effective date, and affirmed the lower court’s enforcement of the Board’s cease-and-desist order.

Real world impact

The decision means unions and their agents cannot lawfully order or continue strikes aimed at forcing a customer or other third party to stop dealing with an employer when a statute forbids that kind of pressure. The Court also held the case was not moot even though the particular renovation finished, because the order addressed the kind of pressure that could recur.

Dissents or concurrances

Three Justices would have reversed, saying the dispute’s effect on interstate commerce was too remote to justify federal action.