Amalgamated Utility Workers v. Consolidated Edison Co.

309 U.S. 261, 60 S. Ct. 561, 84 L. Ed. 738, 1940 U.S. LEXIS 1172, 6 L.R.R.M. (BNA) 669
Supreme Court of the United States·Decided February 26, 1940·No. 342·Published·Cited by 269 cases

Opinion

Mr. Chief Justice Hughes

delivered the opinion of the Cpurt.

The National Labor Relations Board ordered the Consolidated Edison Company of New York and its affiliated companies to desist from certain labor practices *262 found to be unfair and to take certain affirmative action. The Circuit Court of' Appeals granted the Board’s petition for enforcement of the order, and its decree, as modified, was affirmed by this Court. 305 U. S. 197. Petitioner, Amalgamated Utility Workers, brought the present proceeding before the Circuit Court of Appeals to have the Consolidated Edison Company and its affiliated companies adjudged in contempt for failure to comply with certain requirements of the decree.

The Board, in response to the motion, asserted its willingness to participate in an investigation to ascertain whether acts in violation of the decree had been committed and suggested that the court direct such investigation as might be deemed appropriate.

The Court of Appeals denied the application upon the ground that petitioner had “no standing to press a charge of civil contempt, if contempt has been committed.” The court held that under the National Labor Relations Act “the Board is the proper party to apply to the court for an order of enforcement and to present to the court charges that the court’s order has not been obeyed.” 106 F. 2d 991. In view of the importance of the question in relation to the proper administration of the National Labor Relations Act, we granted certiorari. 308 U. S. 541.

Petitioner contends that the National Labor Relations Act 1 “creates private rights”; that the Act recognizes the rights of labor organizations; and that it gives the parties upon whom these rights are conferred status in the courts for their vindication. In support of its alleged standing, petitioner urges, that under its former name (United Electrical and Radio Workers of America) it filed with the National Labor Relations Board' charges against the respondent companies, and that it was upon *263 these charges that the Board'issued its complaint and held the hearing which resulted in the order in question.. Also, that petitioner was permitted to intervene in the proceedings before the Circuit Court of Appeals where the companies had moved to set aside the Board’s order and the Board had moved to enforce it; and that the petitioner had also been heard in this Court in the certiorari proceedings for review of the decree of enforcement.

Petitioner invokes the statement in § 1 of the Act of “findings and policy,” with respect to the effect of the denial by employers of the right of employees to organize and to bargain collectively, and in particular the provision of § 7 2 that

“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective 'bargaining or other mutual aid or protection.”

Neither this provision, nor any other provision of the Act, can properly be said to have “created” the right of self-organization or of collective bargaining through representatives of the employees’ own choosing. In National Labor Relations Board v. Jones & Laughlin Steel Corp., 301 U. S. 1, 33, 34, we observed that this right is a fundamental one; that employees “have as clear a right to organize and select their representatives for lawful purposes” as the employer has “to organize its business and select its own officers and agents”; that discrimination and coercion “to' prevent the free exercise of the right of employees to self-organization and representation” was a proper subject for condemnation by competent legislative authority. We noted that “long ago” *264 we had stated the reason for labor organizations, — that through united action employees might have “opportunity to deal on an equality with their employer,” referring to what we had said in American Steel Foundries v. Tri-City Central Council, 257 U. S. 184, 209. And in recognition of this .light, we' concluded that Congress could safeguard it in the interest of interstate commerce and seek to make appropriate collective action “an instrument of peace rather than of strife.” To that end Congress enacted the National Labor Relations Act.

To attain its object Congress created a particular agency, the National Labor Relations Board, and established a special procedure. The aim, character and scope of that special procedure are determinative of the question now before us. Within the range' of its constitutional power, Congress was entitled to determine what remedy it would provide, the way that remedy should be sought, the extent to which it should be afforded, and the means by which it should be máde effective.

Congress declared that certain labor practices should be unfair, but it prescribed a particular method by which such practices should be ascertained and prevented. By the express terms of the Act, "the Board was made the exclusive agency for that purpose. Section 10 (a) provides: 3

“The Board is empowered, as hereinafter provided, to prevent any person from engaging in any unfair labor practice (listed in section 8) affecting commerce. This power shall be exclusive, and shall not be affected by any other means of adjustment or prevention that has been or may. be established by agreement, code, law, or otherwise.”

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Amalgamated Utility Workers v. Consolidated Edison Co., 309 U.S. 261, 60 S. Ct. 561, 84 L. Ed. 738, 1940 U.S. LEXIS 1172, 6 L.R.R.M. (BNA) 669 (1940).

309 U.S. 261 (Amalgamated Utility Workers v. Consolidated Edison Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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