National Labor Relations Board v. Magnavox Company of Tennessee

PETITIONER: National Labor Relations Board
RESPONDENT: Magnavox Company of Tennessee
LOCATION: First City Court of the City of New Orleans, Louisiana

DOCKET NO.: 72-1637
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Sixth Circuit

CITATION: 415 US 322 (1974)
ARGUED: Jan 14, 1974 / Jan 15, 1974
DECIDED: Feb 27, 1974

ADVOCATES:
George K. McPherson - for respondent
George K. McPherson, Jr. -
Peter G. Nash - for petitioner

Facts of the case

Question

Media for National Labor Relations Board v. Magnavox Company of Tennessee

Audio Transcription for Oral Argument - January 15, 1974 in National Labor Relations Board v. Magnavox Company of Tennessee
Audio Transcription for Oral Argument - January 14, 1974 in National Labor Relations Board v. Magnavox Company of Tennessee

Audio Transcription for Opinion Announcement - February 27, 1974 in National Labor Relations Board v. Magnavox Company of Tennessee

Warren E. Burger:

Mr. Justice Douglas will announce the disposition of 72-1637 Labor Board against Magnavox.

William O. Douglas:

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

It involves a charge by a union, that the employer of Magnavox Company, the respondent committed an unfair labor practice in not allowing the distribution to employee in the plant, not on the company time, but off hours of literature concerning the campaign for or against the union that was coming up for reelection.

The Board held that it was an unfair labor practice.

The Court of Appeals refused the enforcement.

We include that the Court of Appeals was in error.

We reverse the judgment, holding that it involved Section 7 rights for and against union in that the solicitation, not on working our time but it can -- or in working placements on company's property was under circumstances of this case proper for the Board to regulate.

The opinion has been by Mr. Justice Stewart dissenting in part, and he is joined by Mr. Justice Powell and Mr. Justice Rehnquist.