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Trainman News
Indianapolis, Marion County, Indiana
What is this article about?
The U.S. Supreme Court set aside a Kentucky Court of Appeals order enjoining AFL Teamsters Union members from crossing a picket line at American Tobacco Co.'s Louisville, Ky., plant during a strike against a subsidiary. The decision supported the union, with intervention from the Justice Department and NLRB.
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WASHINGTON In a brief order, with no written opinion, the U. S. Supreme Court has set aside a Kentucky Court of Appeals order which had the effect of enjoining members of AFL's Teamsters Union, and making them cross a picket line at American Tobacco Co.'s plant in Louisville, Ky.
The strike was called against a wholly-owned subsidiary of American Tobacco, and the subsidiary is located on American Tobacco ground, and was wholly surrounded by the American Tobacco factory.
The state court had ruled that Kentucky statutes and common law imposed duties on the carriers to make deliveries to all employers without discrimination.
The court held this to be superior to a clause in the union contract relating to crossing Teamster picket lines.
The union appealed to the Supreme Court to strike down the injunction. The Justice Department intervened in support of the union, and the National Labor Relations Board filed an "amicus curiae" brief.
NLRB was interested in the union's argument that the state court had no jurisdiction to issue the injunction making crossing the picket line mandatory.
This argument rested on Section 8 (b) (4) of the Taft Act providing that the statute would not make it unlawful for an employe to refuse to "enter on the premises" of a struck employer.
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Domestic News Details
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Washington
Outcome
u.s. supreme court set aside the kentucky court of appeals order, effectively backing the strikers and invalidating the injunction requiring union members to cross the picket line.
Event Details
In a brief order without written opinion, the U.S. Supreme Court set aside a Kentucky Court of Appeals order enjoining AFL Teamsters Union members from refusing to cross a picket line at American Tobacco Co.'s plant in Louisville, Ky., during a strike against a wholly-owned subsidiary located on American Tobacco grounds. The state court had ruled that Kentucky law required carriers to deliver without discrimination, overriding a union contract clause. The union appealed, supported by the Justice Department and an NLRB amicus brief arguing lack of state jurisdiction under Section 8(b)(4) of the Taft Act.