Opinion

International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers v. Hardeman

  • 401 U.S. 233
  • 76 L.R.R.M. (BNA) 2542
  • 91 S. Ct. 609
  • 28 L. Ed. 2d 10
  • 1971 U.S. LEXIS 135
Court
Supreme Court of the United States
Filed
Feb 24, 1971
Status
Published
Author
White
On the bench
Brennan, Burger, Black, Harlan, Stewart, White, Marshall, Blacicmun, Douglas
Cited by
206 cases
Authority
More cited than 24.1%

holding that Congress “referred claims under the [Labor-Management Reporting and Disclosures Act], not to the NLRB, but to the federal courts,” even when the conduct at issue is also an arguably unfair labor practice

How later courts described this case

  • holding that Congress “referred claims under the [Labor-Management Reporting and Disclosures Act], not to the NLRB, but to the federal courts,” even when the conduct at issue is also an arguably unfair labor practice
  • explaining that “conviction on charges unsupported by any evidence is a denial of due process” under the LMRDA (citations omitted)
  • stating relevant question under “some, evidence” standard is “whether there is any evidence in the record that could support the conclusion reached by the disciplinary board”
  • stating that unions need only provide “some evidence” of the charges to satisfy the LDMRA

Written by the judges who cited it.

The opinion

Mr. Justice White,

concurring.

The Court accurately states the holdings in San Diego Building Trades Council v. Garmon, 359 U. S. 236 (1959), and like cases. But since the case before us “implicates none of the principles,” ante, at 240, announced in those cases, neither is their continuing validity in their full sweep reaffirmed by today’s opinion. On this basis, I join the Court’s opinion.

I add an additional note. As the Court says, Harde-man’s conviction on both charges against him was upheld. Expulsion was warranted on either count. The principle of Stromberg v. California, 283 U. S. 359 (1931), has no application in this situation. Turner v. United States, 396 U. S. 398, 420 (1970); Barenblatt v. United States, 360 U. S. 109, 115 (1959); Claassen v. United States, 142 U. S. 140, 146-147 (1891); see also cases cited in Street v. New York, 394 U. S. 576 , 613 n. 2 (1969) (White, J., dissenting).

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.