ALLEN-BRADLEY LOCAL v. WISCONSIN EMPLOYMENT RELATIONS BOARD

No. 252.

315 U.S. 740 (1942)

ALLEN-BRADLEY LOCAL NO. 1111, UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, ET AL. v. WISCONSIN EMPLOYMENT RELATIONS BOARD ET AL.

Supreme Court of United States.

Decided March 30, 1942.


Attorney(s) appearing for the Case

Messrs. Max E. Geline and Eugene Cotton for appellants. Messrs. Lee Pressman, Joseph Kovner, and Anthony Wayne Smith were with Mr. Geline on the brief.

Messrs. N.S. Boardman, Assistant Attorney General of Wisconsin, and Leo Mann for appellees. Messrs. John E. Martin, Attorney General, James Ward Rector, Deputy Attorney General, and Harold H. Persons, Assistant Attorney General, were on the brief with Mr. Boardman for the Wisconsin Employment Relations Board. Mr. Louis Quarles was on the brief with Mr. Mann for the Allen-Bradley Company.

Briefs of amici curiae were filed by Solicitor General Fahy on behalf of the United States, setting forth the position of the Government on the question whether the National Labor Relations Act supersedes the Wisconsin Employment Peace Act; and by Messrs. Joseph A. Padway and I.E. Goldberg on behalf of the Wisconsin State Federation of Labor, urging reversal.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The sole question presented by this case is whether an order of the Wisconsin Employment Relations Board, entered under the Wisconsin Employment Peace Act (L. 1939, ch. 57; Wis. Stat. (1939) ch. 111, pp. 1610-18), is unconstitutional and void as being repugnant to the provisions of the National Labor Relations Act. 49 Stat. 449; 29 U.S.C. § 151 et seq.

Sec. 111.06 (2) of the state Act provides...

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