National Labor Relations Board v. Hearst case brief summary
322 U.S. 111 (1944)
CASE FACTS
DISCUSSION
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.
OUTCOME
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.
Recommended Supplements for Administrative Law Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)
322 U.S. 111 (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.CASE 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.
DISCUSSION
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.
OUTCOME
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.
Recommended Supplements for Administrative Law Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)
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