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NEW YORK TEL. CO. v. NEW YORK LABOR DEPT.

No. 77-961.

440 U.S. 519 (1979)

99 S.Ct. 1328

59 L.Ed.2d 553

NEW YORK TELEPHONE CO. ET AL. v. NEW YORK STATE DEPARTMENT OF LABOR ET AL.

Supreme Court of United States.

Decided March 21, 1979.

Attorney(s) appearing for the Case

David D. Benetar argued the cause for petitioners. With him on the brief were Stanley Schair, Mark H. Leeds, George E. Ashley, William P. Witman, and Laurel J. McKee.

Maria L. Marcus, Special Assistant Attorney General of New York, argued the cause for respondents. With her on the brief were Louis J. Lefkowitz, Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, Kathleen H. Casey, Assistant Attorney General, Donald Sticklor, Deputy Assistant Attorney General, and Nicholas G. Garaufis, Special Assistant Attorney General.*

MR. JUSTICE STEVENS announced the judgment of the Court and delivered an opinion, in which MR. JUSTICE WHITE and MR. JUSTICE REHNQUIST joined.

The question presented is whether the National Labor Relations Act, as amended, implicitly prohibits the State of New York from paying unemployment compensation to strikers.

Communication Workers of America, AFL-CIO (CWA), represents about 70% of the nonmanagement employees...

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