Opinion

National Labor Relations Board v. News Syndicate Co.

  • 365 U.S. 695
  • 47 L.R.R.M. (BNA) 2916
  • 81 S. Ct. 849
  • 6 L. Ed. 2d 29
  • 1961 U.S. LEXIS 1936
Court
Supreme Court of the United States
Filed
Apr 17, 1961
Status
Published
Author
Harlan
On the bench
Clark, Douglas, Harlan, Labor, Frankfurter, Stewart
Cited by
29 cases

The opinion

Mr. Justice Harlan,

whom Mr. Justice Stewart joins,

concurring.

I join the Court’s opinion on the basis of the reasoning set forth in my concurring opinions in No. 68, ante, p. 656, and in Nos. 64 and 85, ante, p. 677.

Here, as with respect to the “hiring hall” clause in Nos. 64 and 85, I think the Board’s finding that the “General Laws” clause “encouraged” union membership must be accepted. I need only add that in light of the *704 historic use of such clauses to maintain closed-shop conditions, I would not be willing to overrule the Board’s determination that those employed or seeking employment in this newspaper’s mail room would regard the innocently worded incorporation of the union’s valid “General Laws” as in fact evidencing the employer’s and union’s intent to allow forbidden union bylaws to govern their relationship as regards employment, until a finding of an unfair labor practice arising therefrom had actually been made.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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