US SUPREME COURT DECISIONS

GUSS V. UTAH LABOR RELATIONS BD., 353 U. S. 1 (1957)

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U.S. Supreme Court

Guss v. Utah Labor Relations Bd., 353 U.S. 1 (1957)

Guss v. Utah Labor Relations Board

No. 280

Argued January 16, 1957

Decided March 25, 1957

353 U.S. 1

Syllabus

By vesting in the National Labor Relations Board jurisdiction over labor relations matters affecting interstate commerce, Congress has completely displaced state power to deal with such matters where the Board has declined to exercise its jurisdiction, but has not ceded jurisdiction to a state agency pursuant to the proviso to § 10(a) of the National Labor Relations Act. Pp. 353 U. S. 2-12.

(a) By the National Labor Relations Act, Congress meant to reach to the full extent of its power under the Commerce Clause. P. 353 U. S. 3.

(b) An agreement ceding jurisdiction to a state agency under § 10(a) of the National Labor Relations Act is the exclusive means whereby States may be enabled to act concerning matters which Congress has entrusted to the National Labor Relations Board. Pp. 353 U. S. 6-10.

(c) Not only was there a general intent on the part of Congress to preempt the field of labor practices affecting interstate commerce, but also the proviso to § 10(a) carries an inescapable implication of exclusiveness. P. 353 U. S. 10.

(d) Since the power of Congress in the area of commerce among the States is plenary, its judgment in favor of uniformity must be respected, whatever policy objections there may be to the creation chanrobles.com-red

Page 353 U. S. 2

of a no-man's land in which labor disputes will not be regulated by any federal or state agency or court. Pp. 353 U. S. 10-12.

5 Utah 2d 68, 296 P.2d 733, reversed.



























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