Supreme Court of the United States
Allen-Bradley Local No. 1111, United Electrical, Radio & MacHine Workers of America v. Wisconsin Employment…
March 30, 1942315 U.S. 740
Summary
The Supreme Court affirmed the Wisconsin Supreme Court’s judgment, holding that the Wisconsin Employment Relations Board’s order prohibiting mass picketing and related conduct was not preempted by the National Labor Relations Act and did not impair any rights protected by the federal statute.
Holding
- Whether the Wisconsin Employment Relations Board’s order is preempted by the National Labor Relations Act under the Supremacy Clause.. The order is not preempted; the State may enforce its law because the NLRA does not occupy the field of regulating the conduct at issue.
- Whether the state order interferes with employees’ rights to self‑organization and collective bargaining guaranteed by the NLRA.. The order does not affect employee status or collective‑bargaining rights, so no conflict with the NLRA exists.
- Whether a State may regulate mass picketing and related conduct absent jurisdiction by the federal Labor Board.. Yes; the State may regulate such conduct because the NLRA does not expressly preempt State police power in this area.
Docket 252
Cited authorities
- 49 Stat. 449
- 28 U.S.C. § 344
- 52 Harv. L. Rev. 1275
- 29 U.S.C. § 104
Cited by
- Harold E. Cole v. Chief of Police of Fall River & others
- Fashioncraft, Inc. v. Jack Halpern & others
- Hathaway Bakeries, Inc. v. Labor Relations Commission
- The Colonial Press, Inc. v. Isaac L. Ellis & others
- James Johnston, Anthony Sudano, John E. Mitchell, Benjamin Magliozzi, Harry Makredes, James Bolen, Edward Hanscom…
- Commonwealth v. Nelson, Appellant
- National Foreign Trade Council, Plaintiff, Appellee v. Andrew S. Natsios
- National Labor Relations Board v. Thayer Co.