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PHELPS DODGE CORP. v. LABOR BOARD

No. 387.

313 U.S. 177 (1941)

61 S.Ct. 845

85 L.Ed. 1271

PHELPS DODGE CORP. v. NATIONAL LABOR RELATIONS BOARD.

Supreme Court of United States.

Decided April 28, 1941.

Attorney(s) appearing for the Case

Mr. Denison Kitchel, with whom Messrs. John Mason Ross, Matthew C. Fleming, and William E. Stevenson were on the brief, for the Phelps Dodge Corporation.

Mr. Thomas E. Harris, with whom Solicitor General Biddle and Messrs. Robert B. Watts, Laurence A. Knapp, Mortimer B. Wolf, and Morris P. Glushien were on the brief, for the National Labor Relations Board.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

The dominating question which this litigation brings here for the first time is whether an employer subject to the National Labor Relations Act may refuse to hire employees solely because of their affiliations with a labor union. Subsidiary questions grow out of this central issue relating to the means open to the Board to "effectuate the policies of this Act," if it finds such discrimination in hiring an...

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