UNITED STATES SUPREME COURT DECISIONS ON-LINE

BEASLEY V. FOOD FAIR OF NORTH CAROLINA, INC., 416 U. S. 653 (1974)

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U.S. Supreme Court

Beasley v. Food Fair of North Carolina, Inc., 416 U.S. 653 (1974)

Beasley v. Food Fair of North Carolina, Inc.

No. 72-1597

Argued February 19, 1974

Decided May 15, 1974

416 U.S. 653

Syllabus

Following discharge of petitioners, managers of meat departments in respondent Food Fair's stores, because of their union membership, the union filed unfair labor practice charges with the National Labor Relations Board, which were dismissed on the ground that the protection of the National Labor Relations Act (NLRA) did not extend to "supervisors" like petitioners. Thereupon petitioners brought suit in state court, under § 95-83 of North Carolina's right-to-work law. The trial court granted respondents' motion for summary judgment. On the ground that enforcing the state law in favor of petitioners was barred by the second clause of § 14(a) of the NLRA ("no employer . . . shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collective bargaining"), the State Supreme Court ultimately upheld that ruling.

Held: The second clause of § 14(a) applies to any law requiring an employer to accord to supervisors like petitioners, who are "the front line of management," the "anomalous status of employees," and enforcement of the North Carolina law would thus flout the national policy against compulsion upon employers from either federal or state authorities to treat supervisors as employees. Pp. 416 U. S. 656-662.

282 N.C. 530, 193 S.E.2d 911, affirmed.

BRENNAN, J., delivered the opinion for a unanimous Court. chanrobles.com-red

Page 416 U. S. 654


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