National Labor Relations Board v. Allis-Chalmers Manufacturing Co.

388 U.S. 175, 87 S. Ct. 2001, 18 L. Ed. 2d 1123, 1967 U.S. LEXIS 2749, 65 L.R.R.M. (BNA) 2449
Supreme Court of the United States·Decided June 12, 1967·No. 216·Published·Cited by 472 cases

Opinions

Mr. Justice Brennan

delivered the opinion of the Court.

The question here is whether a union which threatened and imposed fines, and brought suit for their collection, against members who crossed the union’s picket line and went to work during an authorized strike against their employer, committed the unfair labor practice under §8 (b)(1)(A) of the National Labor Relations Act of engaging in conduct “to restrain or coerce” employees in the exercise of their right guaranteed by § 7 to “refrain from” concerted activities.1

[177]*177Employees at the West Allis, and La Crosse, Wisconsin, plants of respondent Allis-Chalmers Manufacturing Company were represented by locals of the United Automobile Workers. Lawful economic strikes were conducted at both plants in support of new contract demands. In compliance with the UAW constitution, the strikes were called with the approval of the International Union after at least two-thirds of the members of each local voted by secret ballot to strike. Some members of each local crossed the picket lines and worked during the strikes. After the strikes were over, the locals brought proceedings against these members charging them with violation of the International constitution and bylaws. The charges were heard by local trial committees in proceedings at which the charged members were represented by counsel. No claim of unfairness in the proceedings is made. The trials resulted in each charged member being found guilty of “conduct unbecoming a Union member” and being fined in a sum from $20 to $100. Some of the fined members did not pay the fines and one of the locals obtained a judgment in the amount of the fine against one of its members, Benjamin Natzke, in a test suit brought in the Milwaukee County Court. An appeal from the judgment is pending in the Wisconsin Supreme Court.

Allis-Chalmers filed unfair labor practice charges against the locals alleging violation of § 8 (b)(1)(A).2 [178]*178A complaint issued and after hearing a trial examiner recommended its dismissal. The National Labor Relations Board sustained the examiner on the ground that, in the circumstances of this case, the actions of the locals, even if restraint or coercion prohibited by § 8 (b) (1) (A), constituted conduct excepted from the section's prohibitions by the proviso that such prohibitions “shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein.” 149 N. L. R. B. 67. Upon Allis-Chalmers’ petition for review to the Court of Appeals for the Seventh Circuit, a panel of that court upheld the Board's decision. Following a rehearing en bctnc, however, the court, three judges dissenting, withdrew the panel opinion, held that the locals’ conduct violated §8 (b)(1)(A), and remanded to the Board for appropriate proceedings. 358 F. 2d 656. We granted certiorari, 385 U. S. 810. We reverse.

I.

The panel and the majority en banc of the Court of Appeals thought that reversal of the NLRB order would be required under a literal reading of §§ 7 and 8(b)(1)(A); under that reading union members who cross their own picket lines would be regarded as exercising their rights under § 7 to refrain from engaging in a particular concerted activity, and union discipline in the form of fines for such activity would therefore “restrain or coerce” in violation of § 8 (b)(1)(A) if the section’s proviso is read to sanction no form of discipline other [179]*179than expulsion from the union. The panel rejected that literal reading. The majority en banc adopted it, stating that the panel “mistakenly took the position that such a literal reading was unwarranted in the light of the history and purposes” of the sections, 358 F. 2d, at 659, and holding that “[t]he statutes in question present no ambiguities whatsoever, and therefore do not require recourse to legislative history for clarification.” Id,., at 660.

It is highly unrealistic to regard §8 (b)(1), and particularly its words “restrain or coerce,” as precisely and unambiguously covering the union conduct involved in this case. On its face court enforcement of fines imposed on members for violation of membership obligations is no more conduct to “restrain or coerce” satisfaction of such obligations than court enforcement of penalties imposed on citizens for violation of their obligations as citizens to pay income taxes, or court awards of damages against a contracting party for nonperformance of a contractual obligation voluntarily undertaken. But even if the inherent imprecision of the words “restrain or coerce” may be overlooked, recourse to legislative history to determine the sense in which Congress used the words is not foreclosed. We have only this Term again admonished that labor legislation is peculiarly the product of legislative compromise of strongly held views, Local 1976, Carpenters’ Union v. Labor Board, 357 U. S. 93, 99-100, and that legislative history may not be disregarded merely because it is arguable that a provision may unambiguously embrace conduct called in question. National Woodwork Mfrs. Assn. v. NLRB, 386 U. S. 612, 619-620. Indeed, we have applied that principle to the construction of §8(b)(1)(A) itself in holding that the section must be construed in light of the fact that it “is only one of many interwoven sections in a complex Act, mindful of the manifest purpose of [180]*180the Congress to fashion a coherent national labor policy.” Labor Board v. Drivers Local Union, 362 U. S. 274, 292.

National labor policy has been built on the premise that by pooling their economic strength and acting through a labor organization freely chosen by the majority, the employees of an appropriate unit have the most effective means of bargaining for improvements in wages, hours, and working conditions. The policy therefore extinguishes the individual employee’s power to order his own relations with his employer and creates a power vested in the chosen representative to act in the interests of all employees. “Congress has seen fit to clothe the bargaining representative with powers comparable to those possessed by a legislative body both to create and restrict the rights of those whom it represents . . . .” Steele v. Louisville & N. R. Co., 323 U. S. 192, 202. Thus only the union may contract the employee’s terms and conditions of employment,3 and provisions for processing his grievances; the union may even bargain away his right to strike during the contract term,4 and his right to refuse to cross a lawful picket line.5 The employee may disagree with many of the union decisions but is bound by them.

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National Labor Relations Board v. Allis-Chalmers Manufacturing Co., 388 U.S. 175, 87 S. Ct. 2001, 18 L. Ed. 2d 1123, 1967 U.S. LEXIS 2749, 65 L.R.R.M. (BNA) 2449 (1967).

388 U.S. 175 (National Labor Relations Board v. Allis-Chalmers Manufacturing Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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