Plumbers, Steamfitters, Refrigeration, Petroleum Fitters, & Apprentices of Local 298 v. County of Door

Background

A county government, a general contractor, and a nonunion plumbing contractor were building a courthouse addition. A local plumbers’ union protested because the plumbing contractor used nonunion workers. The peaceful picketing halted work when union members refused to cross the line. The county and contractors obtained an injunction in state court, and the Wisconsin Supreme Court refused to let the federal labor board handle the dispute because the county is a political subdivision excluded from the Act’s definition of “employer.”

Reasoning

The key question was whether the National Labor Relations Board (the federal labor board) could decide this kind of labor dispute when a county is one of the parties. The Court found the project affected interstate commerce—about $450,000 total cost with roughly half the materials brought from outside Wisconsin—and relied on prior decisions saying such disputes belong to the federal board. The Court explained that the union’s aims could be unlawful coercion or could be protected activity, and only the Board can make that determination. The Court reversed the state court and said the Board has jurisdiction here.

Real world impact

Because the Court sent the case to the federal labor board, similar disputes over public-construction picketing will generally be decided by the NLRB rather than state courts. The Court did not decide whether the union acted illegally; the Board must investigate and decide that question. Counties, contractors, and unions involved in comparable projects should expect federal review, not state-court resolution.