American Broadcasting Companies, Inc. v. Writers Guild of America, West, Inc. (1977)
- Docket
- 76-1121
- Decided
- 1977-01-01
Summary
Question: Does a labor union violate the National Labor Relations Act when it disciplines its members for crossing the picket line to perform collective-bargaining and grievance-adjustment tasks during a strike? Conclusion: Yes, if the sanctions imposed may adversely affect the supervisor’s performance of his collective-bargaining or grievance-adjustment tasks and coerce or restrain the employer. Justice Byron R. White delivered the opinion for the 5-4 majority. The Supreme Court held that the Act may intrude upon the union’s right to resort to sanctions to effectuate a strike, but it provides for a level playing field for both negotiators during a strike..The Court also held that no writing-related work was undertaken, so the union had violated the Act by disciplining the union members in question. Justice Potter Stewart wrote a dissent in which he argued that barring a union from imposing sanctions against members weakens a collective strike and upsets the balance between labor and management in management’s favor. Therefore, the majority’s opinion is inconsistent with the structure of the Act. Justice William J. Brennan, Jr., Justice Thurgood Marshall, and Justice John Paul Stevens joined in the dissent.