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BETHLEHEM STEEL CO. V. STATE LABOR RELATIONS BOARD, 330 U. S. 767 (1947)

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U.S. Supreme Court

Bethlehem Steel Co. v. State Labor Relations Board, 330 U.S. 767 (1947)

Bethlehem Steel Co. v. New York State Labor Relations Board

No. 55

Argued December 16, 17, 1946

Decided April 7, 1947*

330 U.S. 767

Syllabus

Where the National Labor Relations Board had asserted general jurisdiction over unions of foremen employed by industries subject to the National Labor Relations Act, but had refused to certify such unions as collective bargaining representatives on the ground that to do so at the time would obstruct, rather than further, effectuation of the purposes of the Act, certification of such unions by the New York State Labor Relations Board under a State Act similar to the National Act held invalid as in conflict with the National Labor Relations Act and the Commerce Clause of the Federal Constitution. Pp. 330 U. S. 771-777.

295 N.Y. 601, 607, 64 N.E.2d 350, 352, reversed.

No. 55. A New York state court issued an order to enforce a subpoena duces tecum issued by the New York State Labor Relations Board in a proceeding for the certification as a collective bargaining representative under the New York State Labor Relations Act of a union of foremen of an employer whose business was predominantly interstate. 9 C.C.H. Labor Cases (1945) ¦ 62, 611. The Appellate Division of the Supreme Court of New York affirmed. 269 App.Div. 805, 56 N.Y.S.2d 195. The New York Court of Appeals affirmed. 295 N.Y. 601, 664, 64 N.E.2d 350, 65 N.E.2d 54. On appeal to this Court, reversed, p. 330 U. S. 777.

No. 76. A New York state court dismissed a suit by an employer whose business was predominantly interstate for a declaratory judgment decreeing that the New York chanroblesvirtualawlibrary

Page 330 U. S. 768

State Labor Relations Board was without jurisdiction to determine representation of its foremen and enjoining the Board from ordering the employer to bargain collectively with their union. 184 Misc. 47, 49 N.Y.S.2d 762. The Appellate Division of the Supreme Court of New York affirmed. 269 App.Div. 805, 56 N.Y.S.2d 196. The Court of Appeals of New York affirmed. 295 N.Y. 607, 64 N.E.2d 352. On appeal to this Court, reversed and remanded, p. 330 U. S. 777.





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