Lodge 76, International Association of Machinists v Wisconsin Employment Relations Commission
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''Machinists v. Wisconsin Employment Relations Commission'', 427 U.S. 132 (1976), is a United States labor law case, concerning the scope of federal preemption against state law for
labor rights Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influen ...
.


Facts

The Wisconsin Employment Relations Commission sought to hold a union liable for an unfair labor practice, by refusing to work overtime. An employer claimed to the National Labor Relations Board that his staff had committed an unfair practice by refusing to work overtime, but this was dismissed, as there was no violation. The employer then tried to make the same claim to the Wisconsin Employment Relations Commission, which upheld the claim and made a cease-and-desist order against the union. The Wisconsin Circuit Court affirmed this and so did the Wisconsin Supreme Court affirmed. The union appealed to the US Supreme Court.


Judgment

Justice Brennan held that the Wisconsin Supreme Court had not been entitled to make a ruling against the union, because its jurisdiction was preempted by the
National Labor Relations Act The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...
. Such matters were to be left to "be controlled by the free play of economic forces". The judgment included the following.


See also

* United States labor law


References


External links

* {{caselaw source , case = ''Machinists v. Wisconsin Employment Relations Commission'', {{ussc, 427, 132, 1976, el=no , justia =https://supreme.justia.com/cases/federal/us/427/132/ , loc =http://cdn.loc.gov/service/ll/usrep/usrep427/usrep427132/usrep427132.pdf , oyez =https://www.oyez.org/cases/1975/75-185 , other_source1 = WorldLII , other_url1 =http://www.worldlii.org/us/cases/federal/USSC/1976/140.html Legal history of Wisconsin United States labor case law United States Supreme Court cases United States Supreme Court cases of the Burger Court 1976 in United States case law International Association of Machinists and Aerospace Workers