Opinion · Supreme Court of the United States
International Ladies' Garment Workers' Union v. National Labor Relations Board
366 U.S. 731
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1961-06-05
- Topic
- general
How later courts describe this case
- holding that “employer support of a minority union” and the minority union’s acceptance of such recognition are unfair labor practices
- holding that the employer violated Section 8(a)(2) of the NLRA by recognizing a union that had falsely claimed to represent a majority of workers
- holding that a union cannot represent a group of employees for which it does not enjoy majority support
- holding that a collective bargaining agreement between an employer and a union is void if a majority of the employees did not select a bargaining representative before the agreement was executed
- holding it illegal for an employer to negotiate with a labor organization other than the workers’ majority representative, even when the employer believed in good faith that the union enjoyed majority status
- recognizing union supported by minority of employees is an unfair labor practice
- upholding Board determination that employer violated NLRA Secs. 8(a)(1), (2) and that union violated Sec. 8(b)(1)(A)
- upholding Board determination that employer violated NLRA §§ 8(a)(1), (2) and that union violated § 8(b)(1)(A)
Citator
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- 312 opinions
Headnotes
- Labor & Employment Law — Employer Interference with Employee Rights An employer's extension of exclusive bargaining recognition to a union that in fact represents only a minority of employees in the bargaining unit violates § 8(a)(1) of the National Labor Relations Act as an interference with the organizational rights of nonconsenting employees, because such recognition impresses a minority-selected agent upon a nonconsenting majority and thereby abridges the employees' § 7 rights to bargain through representatives of their own choosing or to refrain from doing so.
- Labor & Employment Law — Unlawful Employer Support of Labor Organization An employer's grant of exclusive recognition to a minority union constitutes unlawful support of a labor organization in violation of § 8(a)(2) of the National Labor Relations Act, because the favored union is thereby given a marked advantage over any other in securing the adherence of employees.
- Labor & Employment Law — Union Restraint of Employee Rights A union's acceptance of exclusive bargaining authority at a time when it does not in fact enjoy the support of a majority of employees violates § 8(b)(1)(A) of the National Labor Relations Act, which was enacted to impose upon unions the same restrictions respecting employee rights that the Act imposes upon employers under § 8(a)(1).
- Labor & Employment Law — Scienter as Element of Unfair Labor Practice Good faith is not a defense to the unfair labor practices of an employer's extension, or a union's acceptance, of exclusive recognition while the union in fact represents only a minority of employees; the statutory language prescribes no scienter requirement, and the support of a minority union is an accomplished fact that invades employee rights even when the parties mistakenly believe majority status exists.
- Labor & Employment Law — Abridgment of Section 7 Rights by Minority Representation Section 9(a) of the Act guarantees employees freedom of choice and majority rule in the selection of a bargaining representative; granting exclusive bargaining status to an agency selected by a minority of employees abridges § 7 of the Act by impressing that agent upon the nonconsenting majority.
- Labor & Employment Law — Validity of Agreement Obtained Through Erroneous Claim of Majority Status A collective-bargaining agreement obtained under an erroneous claim of majority representation is unlawful in its entirety and cannot be enforced as to those employees who consented to it; the unlawful genesis of the agreement precludes its partial validity.
- Labor & Employment Law — Subsequent Acquisition of Majority Status A union's subsequent acquisition of majority status does not validate an earlier unlawful agreement, because the interim recognition of the minority union was a fait accompli depriving the majority of employees of their guaranteed right to choose their own representative, and the later acquisition may merely reflect a deceptive cloak of authority used to elicit additional employee support.
- Labor & Employment Law — Union Representation Although good faith is no defense, an employer may readily ascertain the validity of a union's majority claim, and thereby obviate a Board election, by taking reasonable steps to verify that claim, such as cross-checking well-analyzed employer records against union listings or authorization cards.
- Labor & Employment Law — Remedial Order for Unlawful Recognition The appropriate remedy for unlawful extension and acceptance of minority-union recognition is a remedial order requiring the parties to conform their conduct to the norms of the Act, including withholding recognition and ceasing to give effect to the unlawful agreements until a Board-conducted election demonstrates the union's majority status; no further penalty results from the violation.
delivered the opinion of the Court.
We are asked to decide in this case whether it was an unfair labor practice for both an employer and a union to enter into an agreement under which the employer recognized the union as exclusive bargaining representative of certain of his employees, although in fact only a minority of those employees had authorized the union to represent their interests. The Board found1 that by extending such recognition, even though done in the good-faith belief that the union had the consent of a majority of employees in the appropriate bargaining unit, the employer interfered with the organizational rights of his employees in violation of §8 (a)(1) of the National Labor Relations Act and that such recognition also constituted unlawful support to a labor organization in vio
In October 1956 the petitioner union initiated an organizational campaign at Bernhard-Altmann Texas Corporation’s knitwear manufacturing plant in San Antonio, Texas. No other labor organization was similarly engaged at that time. During the course of that campaign, on July 29, 1957, certain of the company’s Topping Department employees went on strike in protest against a wage reduction. That dispute was in no way related to the union campaign, however, and the organizational efforts were continued during the strike. Some of the
Thereafter, on October 10,1957, a formal collective bargaining agreement, embodying the terms of the August 30 memorandum, was signed by the parties. The bargaining unit description set out in the formal contract,
At the outset, we reject as without relevance to our decision the fact that, as of the execution date of the formal agreement on October 10, petitioner represented a majority of the employees. As the Court of Appeals indicated, the recognition of the minority union on August 30, 1957, was “a fait accompli depriving the majority of the employees of their guaranteed right to choose their own representative.” 280 F. 2d, at 621. It is, therefore, of no consequence that petitioner may have acquired by October 10 the necessary majority if, during the interim, it was acting unlawfully. Indeed, such acquisition of majority status itself might indicate that the recognition secured by the August 30 agreement afforded petitioner a deceptive cloak of authority with which to persuasively elicit additional employee support.
Nor does this case directly involve a strike. The strike which occurred was in protest against a wage reduction and had nothing to do with petitioner’s quest for recognition. Likewise, no question of picketing is presented. Lastly, the violation which the Board found was the grant by the employer of exclusive representation status to a minority union, as distinguished from an employer’s bargaining with a minority union for its members only. Therefore, the exclusive representation provision is the
In their selection of a bargaining representative, § 9 (a) of the Wagner Act guarantees employees freedom of choice and majority rule. J. I. Case Co. v. Labor Board, 321 U. S. 332, 339. In short, as we said in Brooks v. Labor Board, 348 U. S. 96, 103, the Act placed “a nonconsenting minority under the bargaining responsibility of an agency selected by a majority of the workers.” Here, however, the reverse has been shown to be the case. Bern-hard-Altmann granted exclusive bargaining status to an agency selected by a minority of its employees, thereby impressing that agent upon the nonconsenting majority. There could be no clearer abridgment of § 7 of the Act, assuring employees the right “to bargain collectively through representatives of their own choosing” or “to refrain from” such activity.9 It follows, without need
The petitioner, while taking no issue with the fact of its minority status on the critical date, maintains that both Bernhard-Altmann’s and its own good-faith beliefs in petitioner’s majority status are a complete defense. To countenance such an excuse would place in permissibly careless employer and union hands the power to completely frustrate employee realization of the premise of
This conclusion, while giving the employee only the protection assured him by the Act, places no particular hardship on the employer or the union. It merely requires that recognition be withheld until the Board-conducted election results in majority selection of a representative. The Board’s order here, as we might infer from the employer’s failure to resist its enforcement, would apparently result in similarly slight hardship upon it. We do not share petitioner’s apprehension that holding such conduct unlawful will somehow induce a breakdown, or seriously impede the progress of collective bargaining. If an employer takes reasonable steps to verify union claims, themselves advanced only after careful estimate — precisely what Bernhard-Altmann and petitioner failed to do here — he can readily ascertain their validity and obviate a Board election. We fail to see any onerous burden involved in requiring responsible negotiators to be careful, by cross-checking, for example, well-analyzed employer records with union listings or
Affirmed.
Except for filing an answer, the employer, Bernhard-Altmann Texas Corporation, did not resist enforcement of the Board’s order and has not sought review in this Court.
Section 8 (a) (1) and (2), insofar as pertinent, provide:
“It shall be an unfair labor practice for an employer—
“(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7;
“(2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it. . . .” 61 Stat. 140, 29 U. S. C. § 158 (a) (1), (2).
Section 8 (b)(1)(A) provides in pertinent part:
“It shall be an unfair labor practice for a labor organization or its agents—
“(1) to restrain or coerce (A) employees in the exercise of the rights guaranteed in section 7. . . .” 61 Stat. 141, 29 U. S. C. §158 (b)(1).
The Board found that as of August 30 the union in fact had authority to represent either 70 employees out of a relevant total of 280, or 158 out of 368, depending upon the criteria used in determining employee eligibility. “Accordingly, the Union could not, under any circumstances, have represented a majority of the employees involved on August 30, 1957.” 122 N. L. R. B. 1289, 1291-1292.
The Court of Appeals considered irrelevant the achievement of majority status during the period that the union maintained the unlawful agreement. 280 F. 2d 616, 619, note 3.
Member Fanning agreed with a majority of the Board that the employer violated § 8 (a) (1) and (2), but dissented as to the finding of union violation of § 8 (b) (1) (A). 122 N. L. R. B. 1289, 1297.
However, the terms and conditions of employment fixed by the agreement were not required to be varied or abandoned. We take it that the Board’s - order restraining the union and employer from dealing will, in any 'event, terminate after the election is held.
Relying upon reference to § 9 decertification proceedings, petitioner contends that such a contract with a minority union does not prevent employees from exercising complete freedom. The availability of such a remedy is doubtful in view of the Board’s position that the “contract bar” defense prevents a showing of lack of majority status at the time a contract was made. See In re Columbia River Salmon & Tuna Packers Assn., 91 N. L. R. B. 1424, and cases cited therein.
Section 7 provides:
“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through repre*738 sentatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8 (a) (3).” 61 Stat. 140, 29 U. S. C. § 157.
See S. Rep. No. 105, 80th Cong., 1st Sess. 50 (Supp. Views), I Leg. Hist. (1947) 456; II Leg. Hist. (1947) 1199, 1204, 1207.
Although it is of no significance to our holding, we note that there was made no reasonable effort to determine whether in fact petitioner represented a majority of the employees.
See Labor Board v. Perfect Circle Co., 162 F. 2d 566; Labor Board v. Illinois Tool Works, 153 F. 2d 811; McQuay-Norris Mfg. Co. v. Labor Board, 116 F. 2d 748; and cf. Labor Board v. Industrial Cotton Mills, 208 F. 2d 87.
Section 8 (a) (5) makes it an unfair labor practice for an employer “to refuse to bargain collectively with the representatives of his employees. . . .” 61 Stat. 141, 29 U. S. C. § 158 (a) (5).