Parties: Old Dominion Branch
Date: 1974-06-25
Identifiers:
Opinions:
Segment Sets:
Paragraph: 29 - The primary source of protection for union freedom of speech under the NLRA, however, particularly in an organizational context, is the guarantee in ยง 7 of the Act of the employees' rights 'to form, join, or assist labor organizations.'
Notes:
Preferred Terms:
Phrase match: union freedom of speech under the
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 51 - a labor union for publicly expressing, during the heat of an organizational drive, its highly pejorative but not too surprising opinion of 'scabs.' I agree that this expression is protected and that the judgments below cannot stand.
Notes:
Preferred Terms:
Phrase match:
Search time: 2018-04-26 09:34:45 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 44 - Such words N27* were obviously used here in a loose, figurative sense to demonstrate the union's strong disagreement with the views of those workers who oppose unionization. Expression of such an opinion, even in the most pejorative terms, is protected under federal labor law.
Notes:
Preferred Terms:
Phrase match:
Search time: 2018-04-26 09:34:45 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 54 - If the States were not limited to the same extent as the Federal Government in restraining discussion, the pre-emptive effect of federal labor regulations would be crucial. But I have always thought that the application of the First Amendment to the States through the Fourteenth leaves the States as constitutionally impotent as the Federal Government in enforcing such restrictions. This conclusion is compelled if freedom of speech is regarded, as I think it must, be as a privilege or immunity of United States citizenship within the meaning of that term in the Fourteenth Amendment rather than some ephemeral right protected against state intrusion only to the extent a majority of this Court might view as 'implicit in the concept of ordered liberty.'
Notes:
Preferred Terms:
Phrase match:
Search time: 2018-04-12 08:37:53 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 18 - A bare majority of this Court disagreed, however, and held that the NLRA did not completely pre-empt the application of state laws to libels published during labor disputes. The Court found that the exercise of state jurisdiction over such defamation actions would be a 'merely peripheral concern' of the federal labor laws, within the meaning of Garmon, as long as appropriate substantive limitations were imposed to insure that the freedom of speech guaranteed by federal law was protected. Further, the Court recognized an N85* "overriding state interest' in protecting (state) residents from malicious libels.' 383 U.S., at 61, 86 S.Ct., at 662. Mr. Justice Clark, writing the opinion for the Court, also pointed out that application of state law to libels occurring during labor disputes would not significantly interfere with the NLRB's role in considering arguable contemporaneous violations of the Act.
Notes:
Preferred Terms:
Phrase match:
Search time: 2018-04-12 08:37:53 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 25 - In light of this basic purpose, we see nothing in the Executive Order which indicates that it intended to restrict in any way the robust debate which has been protected under the NLRA. Such evidence as is available, rather, demonstrates that the same tolerance for union speech which has long characterized our labor relations in the private sector has been carried over under the Executive Order.
Notes:
Preferred Terms:
Phrase match:
Search time: 2018-04-12 08:37:53 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk