''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 United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...
case, concerning the scope of
labor rights in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
.
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 Ro ...
under the
National Labor Relations Act 1935
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, an ...
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 agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Na ...
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 United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...
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