South Prairie Construction Co v Local No 627
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''South Prairie Construction Co. v. Local No 627, International Union of Operating Engineers, AFL-CIO'', 425 U.S. 800 (1976), is a
US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ...
case, concerning the scope of
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, the ...
in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
.


Facts

The union, Local No 627 of the International Union of Operating Engineers claimed that the South Prairie Construction Co and Peter Kiewit Sons' Co were both a single employer, and that they were committing an
unfair labor practice An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator ...
under the National Labor Relations Act 1935 ยง8(a)(5) by refusing to apply a collective agreement to them. The union was already the representative of the bargaining unit. The Administrative law judge held that the firms were one employer. The
National Labor Relations Board The National Labor Relations Board (NLRB) is an Independent agencies of the United States government, independent agency of the federal government of the United States that enforces United States labor law, U.S. labor law in relation to collect ...
held that South Prairie Co and Kiewit Co were separate employers. The Court of Appeals, DC Circuit, decided the firms were a single employer, reversing the NLRB decision under Radio and Television Broadcast Technicians Local Union 1264 v. Broadcast Service 965USSC 51, 380 U.S. 255 (1965).


Judgment

The Supreme Court found that the DC Circuit had legitimately identified two corporations as a single employer given that they had a "very substantial qualitative degree of centralized control of labor", but that further determination of the relevant bargaining unit should have been remitted to the NLRB.


See also

*
United States labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ...


Notes


External links

* {{caselaw source , case = ''South Prairie Const. Co. v. Local No. 627, International Union of Operating Engineers, AFL-CIO'', {{ussc, 425, 800, 1976, el=no , justia =https://supreme.justia.com/cases/federal/us/425/800/ , loc =http://cdn.loc.gov/service/ll/usrep/usrep425/usrep425800/usrep425800.pdf , other_source1 = WorldLII , other_url1 =http://www.worldlii.org/us/cases/federal/USSC/1976/88.html United States labor case law 1976 in United States case law United States Supreme Court cases United States Supreme Court cases of the Burger Court 1976 in labor relations