National Labor Relations Board v. C & C Plywood Corporation

PETITIONER: National Labor Relations Board
RESPONDENT: C & C Plywood Corporation
LOCATION: Hayden Residence

DOCKET NO.: 53
DECIDED BY: Warren Court (1965-1967)
LOWER COURT: United States Court of Appeals for the Ninth Circuit

CITATION: 385 US 421 (1967)
ARGUED: Nov 15, 1966
DECIDED: Jan 09, 1967

Facts of the case

Question

Media for National Labor Relations Board v. C & C Plywood Corporation

Audio Transcription for Oral Argument - November 15, 1966 in National Labor Relations Board v. C & C Plywood Corporation

Audio Transcription for Opinion Announcement - January 09, 1967 in National Labor Relations Board v. C & C Plywood Corporation

Potter Stewart:

I am authorized to announce the opinion and judgment of The Court in number 53, National Labor Relations Board petitioner and C & C Plywood Corp. the case which we brought here on certiorari the United States Court of Appeals to the Ninth Circuit.

The respondent employer the Plywood Corp. was brought before the National Labor Relations Board to answer a complaint that if inauguration of a premium pay plan during the term of a collective bargaining agreement without prior consultation with the Union representing its employees violated the duties imposed by Section 8(a)(5) and (1) of the National Labor Relations Act.

The Board issued a cease-and-desist order and rejected the claim and respondent's action was authorized by the collective agreement.

The Court of Appeals for the Ninth Circuit refused however to enforce the Board's order, The Court reasoned that a provision and the agreement, a collective bargaining agreement between the Union and the employer which arguably allow the employer to institute the premium pay plan absolutely divested the Board of Jurisdiction to entertain the Union's unfair labor practice charge.

We granted certiorari to consider what seems to us a substantial question of federal labor law.

So the reason said out in some detail and a written opinion which has been filed with a clerk, we reverse the judgment and remand the case for the Court of Appeals for enforcement of the Board's order.