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American Ship Building Co. v. National Labor Relations Board
United States Supreme Court
380 U.S. 300 (1965)
American Ship Building Co. (defendant) operated four ship repair yards. Most work occurred during the winter months when temperatures made shipping impossible. Repairs during the shipping season had to be completed quickly to minimize downtime. The unions that represented shipyard workers had a consistent history of striking before reaching agreement with the company, and workers organized one wildcat strike in 1961. As a result, when negotiations reached an impasse in August of that year, management feared workers would strike when a ship came in for repairs or that the unions would delay negotiations into the winter to increase strike leverage. The company laid off most of its workers, completely closed the Chicago shipyard, and left only two workers at another. The unions filed unfair-labor-practice charges, and the National Labor Relations Board (NLRB) (plaintiff) found the lockout and layoff during bargaining negotiations presumptively violated federal labor law. The Supreme Court granted review.
Rule of Law
Holding and Reasoning (Stewart, J.)
Concurrence (Goldberg, J.)
Concurrence (White, J.)
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