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National Labor Relations Board v. Business Machine, Local 459 (Royal Typewriter Co.)

228 F.2d 553 (1955)

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National Labor Relations Board v. Business Machine, Local 459 (Royal Typewriter Co.)

United States Court of Appeals for the Second Circuit
228 F.2d 553 (1955)

  • Written by Tammy Boggs, JD

Facts

Royal Typewriter Co. (Royal) (defendant) could not reach a collective-bargaining agreement with the union representing Royal’s service employees (plaintiff). The service employees customarily repaired Royal’s typewriters at Royal’s offices or at a customer’s place of business. Royal was obligated to repair machines under warranty or contractual arrangement. The union called a strike against Royal. During the employee strike, Royal implemented an alternative system to meet its repair obligations: Royal instructed its contract customers to (1) call an independent repair company (Typewriter Maintenance and Sales Company or Tytell Typewriter Company), (2) have that company perform the repair, and (3) submit receipts to Royal. Customers mostly sent Royal the unpaid repair bill, and Royal directly paid the independent company. The union peacefully picketed the entrances of the independent repair companies, holding signs that identified the strike against Royal and the repair company’s employees as “strikebreakers.” The National Labor Relations Board (the board) found that the union’s picketing of Royal’s independent repair companies was unlawful. The Second Circuit reviewed the matter.

Rule of Law

Issue

Holding and Reasoning (Lumbard, J.)

Concurrence (Hand, J.)

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