NLRB v. Hearst
Publications, Inc. case brief
322 U.S. 111, 64 S. Ct. 851, 88 L. Ed. 1170, 14 LRRM 614 (1944)
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
322 U.S. 111, 64 S. Ct. 851, 88 L. Ed. 1170, 14 LRRM 614 (1944)
CASE SYNOPSIS: Petitioner
National Labor Relations Board (NLRB) sought review of a decision of
the United States Circuit Court of Appeals for the Ninth Circuit,
which denied enforcement of the NLRB's orders that found respondent
publishers had violated the National Labor Relations Act, 29 U.S.C.S.
§ 158(1) and (5). The publishers were ordered to cease and desist
from such violations and to bargain collectively with the union upon
request.
FACTS: Four petitions were filed with the NLRB for investigation and certification by a local union. The NLRB made findings of fact that the regular, full-time newsboys selling each paper were employees within the National Labor Relations Act, 29 U.S.C.S. § 152, and that questions affecting commerce concerning the effective representation of employees had arisen. The NLRB had designated appropriate units and ordered elections and, after the union was selected, the publishers refused to bargain with it. After finding the publishers to have violated 29 U.S.C.S. § 158(1) and (5), the NLRB ordered them to cease and desist from such violations and to collectively bargain with the union upon request. The appellate court refused to enforce the NLRB's orders when it decided that the newsboys were not employees within the meaning of the Act. Certiorari was granted, and the United States Supreme Court reversed the appellate court's decision, holding that the NLRB's findings were not erroneous. The Court found that the newsboys were the publishers' employees within the meaning of the Act, and the publishers were required to collectively bargain with them.
CONCLUSION: The United States Supreme Court reversed the decision refusing to enforce the NLRB's orders that the publishers cease and desist from engaging in unfair labor practices.
FACTS: Four petitions were filed with the NLRB for investigation and certification by a local union. The NLRB made findings of fact that the regular, full-time newsboys selling each paper were employees within the National Labor Relations Act, 29 U.S.C.S. § 152, and that questions affecting commerce concerning the effective representation of employees had arisen. The NLRB had designated appropriate units and ordered elections and, after the union was selected, the publishers refused to bargain with it. After finding the publishers to have violated 29 U.S.C.S. § 158(1) and (5), the NLRB ordered them to cease and desist from such violations and to collectively bargain with the union upon request. The appellate court refused to enforce the NLRB's orders when it decided that the newsboys were not employees within the meaning of the Act. Certiorari was granted, and the United States Supreme Court reversed the appellate court's decision, holding that the NLRB's findings were not erroneous. The Court found that the newsboys were the publishers' employees within the meaning of the Act, and the publishers were required to collectively bargain with them.
CONCLUSION: The United States Supreme Court reversed the decision refusing to enforce the NLRB's orders that the publishers cease and desist from engaging in unfair labor practices.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
No comments:
Post a Comment