U.S. Supreme Court
Labor Board v. Radio Engineers, 364 U.S. 573 (1961)
National Labor Relations Board v. Radio and Television
Broadcast Engineers Union, Local 1212, International
Brotherhood of Electrical Workers, AFL-CIO
Argued November 10, 14, 1960
Decided January 9, 1961
364 U.S. 573
Two labor unions were engaged in a jurisdictional dispute over a certain type of work for a certain employer. Both had collective bargaining agreements with the employer, and one was the certified bargaining agent for its members; but neither the certification nor the agreements clearly apportioned the disputed type of work between their respective members. The respondent union caused a work stoppage on a particular job because work of this type was assigned to members of the other union. The employer filed an unfair labor practice charge, claiming a violation of § 8(b)(4)(D) of the National Labor Relations Act. After a hearing under §10(k), the Board held that the respondent union was not entitled to have the work assigned to its members, but the Board refused to make an affirmative award of the work between the employees represented by the two unions. Respondent refused to comply with the decision, and the Board issued a cease and desist order to compel it to do so.
Held: the Board's order is not entitled to enforcement, because the Board had not discharged its duty under § 10(k) to "determine the dispute." It should have made an affirmative award of the work between the employees of the competing unions. Pp. 364 U. S. 574-586.
272 F.2d 713 affirmed. chanroblesvirtualawlibrary