LOCAL 248, U. A., A. & A. I. W. v. WIS. E. R. BOARD


11 Wis.2d 277 (1960)

LOCAL 248, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (A.F.L.-C.I.O.), Appellant, v. WISCONSIN EMPLOYMENT RELATIONS BOARD, Respondent. [Case No. 59.] WISCONSIN EMPLOYMENT RELATIONS BOARD, Respondent, v. LOCAL 248, etc., Appellant. [Case No. 60.]

Supreme Court of Wisconsin.

October 4, 1960.


Attorney(s) appearing for the Case

For the appellant there was a brief by Raskin, Zubrensky & Padden of Milwaukee, attorneys, and Max Raskin and Leonard S. Zubrensky of Milwaukee, and Harold A. Cranefield of Detroit, Michigan, of counsel, and oral argument by Max Raskin and Leonard S. Zubrensky.

For the respondent Wisconsin Employment Relations Board the cause was argued by Beatrice Lampert, assistant attorney general, with whom on the brief were John W. Reynolds, attorney general, and Jay Schwartz, attorney.

For the respondent Allis-Chalmers Manufacturing Company there was a brief by John G. Kamps, James Urdan, and John L. Waddleton, attorneys, and Quarles, Herriott & Clemons of counsel, all of Milwaukee, and oral argument by Mr. Kamps.

A brief amicus curiae was filed by Goldberg, Previant & Cooper of Milwaukee, for the Wisconsin State A.F.L.-C.I.O.


CURRIE, J.

The parties have stipulated that the company is engaged in business affecting interstate commerce within the meaning of the Labor Management Relations Act, 1947. The principal issue on this appeal is whether there exists federal pre-emption under such act which would preclude W.E.R.B. from exercising any jurisdiction over the activities of the union which were the subject of the complaints before it. A second issue is presented as to whether such activities...

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