Opinion · Supreme Court of the United States
Lodge 76, International Ass'n of MacHinists & Aerospace Workers v. Wisconsin Employment Relations Commission
Lodge 76, Int’l Ass'n of MacHinists & Aerospace Workers v. Wis. Emp. Rels. Comm’n, 427 U.S. 132 (1976)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1976-06-25
- Topic
- labor-and-employment
Mr. Justice Powell, with whom The Chief Justice joins, concurring. The Court correctly identifies the critical inquiry with respect to pre-emption as whether “the exercise of plenary state authority to curtail or entirely prohibit self-help would frustrate effective implementation of the Act’s processes.” Railroad Trainmen v. Jacksonville Terminal Co., 394 U. S. 369, 380 (1969).
Citator
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with whom The Chief Justice joins, concurring.
The Court correctly identifies the critical inquiry with respect to pre-emption as whether “the exercise of plenary state authority to curtail or entirely prohibit self-help would frustrate effective implementation of the Act’s processes.” Railroad Trainmen v. Jacksonville Terminal Co., 394 U. S. 369, 380 (1969). See ante, at 147-148.
This is equally true whether the self-help activities
With this understanding, I join the opinion of the Court.
State laws should not be regarded as neutral if they reflect an accommodation of the special interests of employers, unions, or the public in areas such as employee self-organization, labor disputes, or collective bargaining.