National Labor Relations Board v. Curtin Matheson Scientific, Inc.

PETITIONER: National Labor Relations Board
RESPONDENT: Curtin Matheson Scientific, Inc.
LOCATION: Doby’s Motel Court

DOCKET NO.: 88-1685
DECIDED BY: Rehnquist Court (1988-1990)
LOWER COURT: United States Court of Appeals for the Fifth Circuit

CITATION: 494 US 775 (1990)
ARGUED: Dec 04, 1989
DECIDED: Apr 17, 1990

ADVOCATES:
David L. Shapiro - on behalf of the Petitioner
James V. Carroll, III - on behalf of the Respondent

Facts of the case

Question

Media for National Labor Relations Board v. Curtin Matheson Scientific, Inc.

Audio Transcription for Oral Argument - December 04, 1989 in National Labor Relations Board v. Curtin Matheson Scientific, Inc.

Audio Transcription for Opinion Announcement - April 17, 1990 in National Labor Relations Board v. Curtin Matheson Scientific, Inc.

William H. Rehnquist:

The opinion of the Court in No. 88-1685, National Labor Relations Board versus Curtin Matheson Scientific, Inc. will be announced by Justice Marshall.

Thurgood Marshall:

This case is here on writ of certiorari to the Court of Appeals for the Fifth Circuit.

In an opinion filed with the Clerk today, we hold that the National Labor Relations Board acted within its discretion in refusing to admit a presumption that Board’s replacements refuse and are opposed to the striking union.

The judgment of the Court of Appeals is therefore reversed.

The Chief Justice has filed a concurring opinion; Justice Blackmun has filed a dissenting opinion; Justice Scalia had filed a separate dissenting opinion in which Justice O’Connor and Justice Kennedy have joined.