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CAFETERIA WORKERS v. McELROY

No. 97.

367 U.S. 886 (1961)

81 S.Ct. 1743

6 L.Ed.2d 1230

CAFETERIA & RESTAURANT WORKERS UNION, LOCAL 473, AFL-CIO, ET AL. v. McELROY ET AL.

Supreme Court of United States.

Decided June 19, 1961.

Attorney(s) appearing for the Case

Bernard Dunau argued the cause and filed a brief for petitioners.

John F. Davis argued the cause for respondents. With him on the brief were Solicitor General Rankin, Assistant Attorney General Yeagley, Bruce J. Terris, Kevin T. Maroney and Lee B. Anderson.

J. Albert Woll, Theodore J. St. Antoine and Thomas E. Harris filed a brief for the American Federation of Labor and Congress of Industrial Organizations, as amicus curiae, urging reversal.

MR. JUSTICE STEWART delivered the opinion of the Court.

In 1956 the petitioner Rachel Brawner was a short-order cook at a cafeteria operated by her employer, M & M Restaurants, Inc., on the premises of the Naval Gun Factory1 in the city of Washington. She had worked there for more than six years, and from her employer's point of view her record was entirely satisfactory.

The Gun Factory was engaged in designing, producing,...

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