NLRB v. Boeing Co.
Supreme Court of the United States
National Labor Relations Board v. Boeing Co. et al.
Certiorari to the United States Court of Appeals for the District of Columbia Circuit
No. 71-1607. Argued: March 26, 1973 --- Decided: May 21, 1973
The adjudication by the National Labor Relations Board (NLRB) under § 8 (b)(1)(A) of the National Labor Relations Act of an unfair labor practice allegedly committed by a union does not include authority to determine whether the amount of a disciplinary fine levied by the union against a member is reasonable, the issue being one of internal union affairs over which the NLRB exercises no jurisdiction. Pp. 71-78.
148 U.S. App. D.C. 119, 459 F.2d 1143, reversed.
REHNQUIST, J., delivered the opinion of the Court, in which BRENNAN, STEWART, WHITE, MARSHALL, and POWELL, JJ., joined. BURGER, C.J., filed a dissenting opinion, post, p. 78. DOUGLAS, J., filed a dissenting opinion, in which BURGER, C.J., and BLACKMUN, J., joined, post, p. 79.
Norton J. Come argued the cause for petitioner. With him on the brief were Solicitor General Griswold, Peter G. Nash, and Patrick Hardin.
Samuel Lang argued the cause for respondent Boeing Co. With him on the brief, were C. Dale Stout and Frederick A. Kullman. Bernard Dunau argued the cause for respondent Booster Lodge No. 405; International Association of Machinists & Aerospace Workers, AFL-CIO. With him on the briefs were Plato E. Papps, Louis P. Poulton, and C. Paul Barker.[1]
- ↑ J. Albert Woll, Laurence Gold, and Thomas E. Harris filed a brief for the American Federation of Labor and Congress of Industrial Organizations as amicus curiae urging reversal.
Milton Smith, Gerard C. Smetana, and Jerry Kronenberg filed a brief for the Chamber of Commerce of the United States as amicus curiae urging affirmance.