NLRB v. Sands Manufacturing Co.
| NLRB v. Sands Mfg. Co. | |
|---|---|
| Argued January 12, 1939 Decided February 27, 1939 | |
| Full case name | National Labor Relations Board v. Sands Manufacturing Co. |
| Citations | 306 U.S. 332 (more) 59 S. Ct. 508; 83 L. Ed. 682; 1939 U.S. LEXIS 1094 |
| Case history | |
| Prior | On appeal from the United States Circuit Court of Appeals for the Sixth Circuit |
| Holding | |
| The NLRA does not prohibit an employer from disciplining or firing an individual employee when that employee violates a collective bargain agreement by striking. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Roberts, joined by Hughes, McReynolds, Butler, Stone |
| Dissent | Black, Reed |
| Frankfurter took no part in the consideration or decision of the case. | |
| Laws applied | |
| National Labor Relations Act | |
National Labor Relations Board v. Sands Manufacturing Co., 306 U.S. 332 (1939), is United States labor law case, decided by a majority of 5 to 2 by the Supreme Court of the United States, which overturned a decision by the National Labor Relations Board because it was not supported by substantial evidence. The Court defined collective bargaining under the National Labor Relations Act to mean that proposals and responses to proposals were pending, and that future meetings were being planned. Absent such conditions, bargaining was not occurring. The Court also held that an employer did not violate the Act if it chose to deal with the employees on an individual basis.