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LABOR BOARD v. GENERAL MOTORS

No. 404.

373 U.S. 734 (1963)

NATIONAL LABOR RELATIONS BOARD v. GENERAL MOTORS CORP.

Supreme Court of United States.

Decided June 3, 1963.

Attorney(s) appearing for the Case

Solicitor General Cox argued the cause for petitioner. With him on the brief were Stuart Rothman, Dominick L. Manoli and Norton J. Come.

Harry S. Benjamin, Jr. argued the cause for respondent. With him on the brief was Aloysius F. Power.

J. Albert Woll, Robert C. Mayer, Theodore J. St. Antoine, Thomas E. Harris, Joseph L. Rauh, Jr., John Silard and Harold A. Cranefield filed a brief for the American Federation of Labor and Congress of Industrial Organizations et al., as amici curiae, urging reversal.

Owen J. Neighbours filed a brief for Raymond E. Lewis et al., as amici curiae, urging affirmance.

MR. JUSTICE WHITE delivered the opinion of the Court.

The issue here is whether an employer commits an unfair labor practice. National Labor Relations Act § 8 (a) (5),1 when it refuses to bargain with a certified union over the union's proposal for the adoption of the "agency shop." More narrowly, since the employer is not obliged to bargain over a proposal that he commit an unfair labor...

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