Cases by Issue - Distribution of Union Literature

Lechmere Inc. v. NLRB

Mon, 05 Jan 2009 16:24:26 +0000

Case Basics

Docket No.

90-970

Petitioner

Lechmere Inc.

Respondent

National Labor Relations Board

Heard By

Rehnquist Court (1991-1993)

Decided By

Rehnquist Court (1991-1993)

Opinion

502 U.S. 527 (1992)

Argued

Tuesday, November 12, 1991

Decided

Monday, January 27, 1992

Advocates

Robert P. Joy (Argued the cause for the petitioner)

Michael R. Dreeben (Argued the cause for the respondent)

Facts of the Case

Lechmere owned and operated a large retail store in a shopping plaza. Nonemployee union organizers campaigned to organize the store employees by entering the company's parking lot and placing handbills on car windshields. Lechmere prohibited solicitation and literature distribution on its property. The union organizers persisted in their leafleting campaign despite continued objections from Lechmere. The union filed an unfair labor practice charge against Lechmere. An NLRB judge ruled in the union's favor.

Question

May nonemployee union organizers trespass on private property to solicit union support?

Conclusion

Decision: 6 votes for Lechmere Inc., 3 vote(s) against
Legal provision: National Labor Relations, as amended

No, reasoned Justice Clarence Thomas, except in situations where inaccessibility makes communication through normal channels ineffective. There were alternatives short of trespass, such as signs, mailings, and newspaper ads. (Thomas's defense of private property rights may offer a clue to his budding jurisprudence.)

Debartolo Corp. v. Fla. Gulf Coast Trades Council

Mon, 05 Jan 2009 17:25:58 +0000

Case Basics

Docket No.

86-1461

Petitioner

Debartolo Corp.

Petitioner Type

Petitioner

Respondent

Fla. Gulf Coast Trades Council

Respondent Type

Respondent

Heard By

Rehnquist Court (1987-1988)

Decided By

Rehnquist Court (1988-1990)

Opinion

485 U.S. 568 (1988)

Argued

Wednesday, January 20, 1988

Decided

Wednesday, April 20, 1988

Advocates

Lawrence M. Cohen (on behalf of the Petitioner)

Louis R. Cohen (federal respondent NLRB in support of Petitioner)

Laurence E. Gold (on behalf of the Respondent)

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Fla. Gulf Coast Trades Council, 0 vote(s) against
Legal provision: National Labor Relations, as amended

None

Regents Of Univ. Of Cal. v. Public Empl. Rel. Bd.

Mon, 05 Jan 2009 17:25:50 +0000

Case Basics

Docket No.

86-935

Appellee

Public Empl. Rel. Bd.

Petitioner Type

Appellee

Appellant

Regents Of Univ. Of Cal.

Respondent Type

Appellant

Heard By

Rehnquist Court (1987-1988)

Decided By

Rehnquist Court (1988-1990)

Opinion

485 U.S. 589 (1988)

Argued

Tuesday, January 12, 1988

Decided

Wednesday, April 20, 1988

Advocates

Andrea L. Biren (on behalf of the Appellees)

James N. Odle (on behalf of the Appellant)

Christopher J. Wright (as Amicus Curiae, in Support of Appellant)

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Regents Of Univ. Of Cal., 2 vote(s) against
Legal provision: 18 U.S.C. 1693

None

Eastex, Inc. v. NLRB

Mon, 05 Jan 2009 16:34:14 +0000

Case Basics

Docket No.

77-453

Petitioner

Eastex, Inc.

Petitioner Type

Petitioner

Respondent

National Labor Relations Board

Respondent Type

Respondent

Heard By

Burger Court (1975-1981)

Decided By

Burger Court (1975-1981)

Opinion

437 U.S. 556 (1978)

Argued

Tuesday, April 25, 1978

Decided

Thursday, June 22, 1978

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for NLRB, 2 vote(s) against
Legal provision: National Labor Relations, as amended

None

Beth Israel Hospital v. NLRB

Mon, 05 Jan 2009 16:33:56 +0000

Case Basics

Docket No.

77-152

Petitioner

Beth Israel Hospital

Petitioner Type

Petitioner

Respondent

National Labor Relations Board

Respondent Type

Respondent

Heard By

Burger Court (1975-1981)

Decided By

Burger Court (1975-1981)

Opinion

437 U.S. 483 (1978)

Argued

Monday, April 24, 1978

Decided

Thursday, June 22, 1978

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for NLRB, 0 vote(s) against
Legal provision: National Labor Relations, as amended

None

NLRB v. Magnavox Co.

Mon, 05 Jan 2009 16:34:27 +0000

Case Basics

Docket No.

72-1637

Petitioner

National Labor Relations Board

Respondent

Magnavox Co.

Heard By

Burger Court (1972-1975)

Decided By

Burger Court (1972-1975)

Opinion

415 U.S. 322 (1974)

Argued

January 14-15, 1974

Decided

Wednesday, February 27, 1974

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for NLRB, 3 vote(s) against
Legal provision: National Labor Relations, as amended

None

Labor Board v. Steelworkers

Mon, 05 Jan 2009 16:29:56 +0000

Case Basics

Docket No.

Petitioner

Labor Board

Petitioner Type

Petitioner

Respondent

Steelworkers

Respondent Type

Respondent

Consolidation

National Labor Relations Board v. Avondale Mills, No. 289

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

357 U.S. 357 (1958)

Argued

Wednesday, January 29, 1958

Decided

Monday, June 30, 1958

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Labor Board, 2 vote(s) against
Legal provision: National Labor Relations, as amended

None

Labor Board v. Babcock & Wilcox Co.

Mon, 05 Jan 2009 16:25:29 +0000

Case Basics

Docket No.

250

Petitioner

Labor Board

Respondent

Babcock & Wilcox Co.

Consolidation

No. 251, NLRB v. Seamprufe Inc.

No. 422, Ranco Inc. v. NLRB

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1955-1956)

Opinion

351 U.S. 105 (1956)

Argued

January 25-26, 1956

Decided

Monday, April 30, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Babcock & Wilcox Co., 0 vote(s) against
Legal provision: National Labor Relations, as amended

None