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 upheld the Board's determination that two men's busheling rooms formed an appropriate bargaining unit and that the employees' certified representative was properly placed on the ballot. It also held that the employer committed an unfair labor practice by seeking wage-increase approval and publicizing the request without bargaining with the certified representative. The Court nevertheless narrowed the cease-and-desist order because the record did not establish a general opposition to the Act's purposes. Justice Rutledge, concurring in part, would have found only a refusal to bargain and would have eliminated relief based on the alleged interference violation.
Holding
- Appropriate bargaining unit. The Board acted within its delegated authority in finding that the employees in the two men's busheling rooms constituted an appropriate bargaining unit.
- Ballot designation and certification. The Board properly placed the joint council's name on the ballot and certified it as the bargaining representative.
- Unilateral wage-approval application and employee announcements. The employer's application for authority to increase wages, made without bargaining with the certified representative and accompanied by public announcements, constituted interference with employees' statutory rights under Section 8(1).
- Scope of the cease-and-desist order. The general provision prohibiting all interference with the unit employees' statutory rights was too broad on this record and had to be stricken, while the order was appropriately retained against interference with the council's representation of those 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. 28