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MACHINISTS v. WISCONSIN EMP. REL. COMM'N

No. 75-185.

427 U.S. 132 (1976)

96 S.Ct. 2548

49 L.Ed.2d 396

LODGE 76, INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, AFLCIO, ET AL. v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION ET AL.

Supreme Court of United States.

Decided June 25, 1976.

Attorney(s) appearing for the Case

Gerry M. Miller argued the cause for petitioners. With him on the briefs were David Previant, Robert E. Gratz, and Plato E. Papps.

James C. Mallatt argued the cause for respondents. With him on the brief for respondent Kearney & Trecker Corp. were David J. Cannon, Jacob L. Bernheim, and John R. Sapp. Bronson C. La Follette, Attorney General of Wisconsin, and Charles D. Hoornstra, Assistant Attorney General, filed a brief for respondent Wisconsin Employment Relations Commission.

Norton J. Come argued the cause for the National Labor Relations Board as amicus curiae urging reversal. With him on the brief were Solicitor General Bork and John S. Irving.*

MR. JUSTICE BRENNAN delivered the opinion of the Court.

The question to be decided in this case is whether federal labor policy pre-empts the authority of a state labor relations board to grant an employer covered by the National Labor Relations Act an order enjoining a union and its members from continuing to refuse to work overtime pursuant to a union policy to put economic pressure on the employer in negotiations for renewal of an expired collective-bargaining...

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