National Labor Relations Board v. Servette, Inc.

377 U.S. 46, 84 S.Ct. 1098, 12 L.Ed.2d 121 (1964)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

National Labor Relations Board v. Servette, Inc.

United States Supreme Court
377 U.S. 46, 84 S.Ct. 1098, 12 L.Ed.2d 121 (1964)

Facts

Servette, Inc. (defendant) distributed specialty merchandise to supermarket chains. Local 848 of the Wholesale Delivery Drivers and Salesmen’s Union (the union) called a strike of Servette’s drivers. During the strike, the union’s representatives asked supermarket managers to discontinue handling Servette merchandise to support the strike. The representatives warned that they would distribute handbills asking the public not to buy named items in front of stores that refused to cooperate, but they actually distributed handbills only in a few instances. Servette filed a complaint with the National Labor Relations Board (NLRB) (plaintiff) charging the union with unfair labor practices (ULPs). Servette alleged the union’s conduct violated National Labor Relations Act (NLRA) provisions that prohibited inducing individuals to engage in a secondary strike against an employer and conduct that threatened, coerced, or restrained any person. The trial examiner found no ULP had occurred because the supermarket managers were authorized to decide whether to continue doing business with Servette despite the threats and hand billing. The NLRB adopted that finding, concluding that contacting supermarket managers did not amount to inducing “individuals” and that even if the union had threatened, coerced, or restrained someone, the publicity proviso that explicitly excepted handbilling protected its conduct. The court of appeals set aside the NLRB’s order, and the United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Brennan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 733,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 733,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 733,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership