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U.S. Supreme Court

American Newspaper Pub. Assn. v. Labor Board, 345 U.S. 100 (1953)

American Newspaper Publishers Association v.

National Labor Relations Board

No. 53

Argued November 19, 1952

Decided March 9, 1953

345 U.S. 100


A labor organization does not engage in an unfair labor practice, within the meaning of § 8(b)(6) of the National Labor Relations Act, as amended by the Labor Management Relations Act, 1947, when it insists that newspaper publishers pay printers for reproducing advertising matter for which the publishers ordinarily have no use. Pp. 345 U. S. 101-111.

(a) The language and legislative history of § 8(b)(6) support the conclusion that the labor organization's insistence upon securing payment of wages to printers for "setting bogus" is not an "unfair labor practice" within the meaning of the section. Pp. 345 U. S. 105-111.

(b) The Labor Management Relations Act's condemnation of "featherbedding" practices is limited to instances where a labor organization or its agents exact pay from an employer for services not performed or not to be performed. P. 345 U. S. 110.

(c) Where work is done by an employee with the employer's consent, a labor organization's demand that the employee be compensated for time spent in doing the disputed work is not an unfair labor practice under the statute. P. 345 U. S. 110.

(d) Section 8(b)(6) leaves to collective bargaining the determination of what, if any, work, including bona fide "made work," shall be included as compensable services, and what rate of compensation shall be paid for it. P. 345 U. S. 111.

193 F.2d 782 affirmed.

In an unfair labor practice proceeding, petitioner's charges under § 8(b)(6) of the National Labor Relations Act, as amended by the Labor Management Relations Act, 1947, were dismissed by the Board. 86 N.L.R.B. 951. The Court of Appeals affirmed. 193 F.2d 782. This Court granted a limited certiorari. 344 U.S. 812. Affirmed, p. 345 U. S. 111.

Page 345 U. S. 101

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