Supreme Court of the United States

May Department Stores Co., Doing Business as Famous-Barr Co. v. National Labor Relations Board

December 10, 1945326 U.S. 376

Summary

The Court affirmed enforcement of the Board’s order but modified the decree concerning the breadth of its cease-and-desist provisions. It upheld the Board’s designation of a small departmental unit, the certification of the joint council named on the ballot, and the finding that the employer’s unilateral wage application and related announcements violated the Act. The Court held that the decree should prohibit interference with the certified representative’s efforts to bargain, rather than broadly enjoin every unfair labor practice affecting the employees. Justice Rutledge, concurring in part, would have treated the case as involving only a refusal to bargain and would have eliminated relief based on the wage-related conduct.

Holding

  • Appropriate bargaining unit. The Board acted within its statutory authority in finding that the nonsupervisory employees in the two men's busheling rooms constituted an appropriate bargaining unit, despite the size of the employer’s overall workforce and the existence of other departments.
  • Form of ballot and certification. The Board properly placed the joint council’s name on the ballot and certified it as bargaining representative because the council represented the local union selected by the employees and had been chosen by a majority of the unit.
  • Unilateral wage application and announcements. The employer violated the statutory prohibition against interference by seeking authority for a wage increase that included the certified unit without bargaining with its certified representative and by publicizing the unilateral action.
  • Scope of cease-and-desist order. The Board’s order was too broad insofar as it generally prohibited every violation of the employees’ statutory rights, but the decree could prohibit other conduct interfering with the council’s representation of the affected employees.

Docket 39

Cited authorities

  • 56 Stat. 765
  • 7 FR 7871
  • 49 Stat. 452
  • 49 Stat. 453
  • 49 Stat. 454
  • 54 Yale L.J. 141
  • 56 Stat. 23
  • 8 FR 16678

Cited by