The Department Store Employees Union (union)

was selected by the employees of the Emporium Capwell Company (company) as their exclusive bargaining unit. Charges of discrimination in the workplace were levied against the company through the union. The union followed the grievance procedure, as established in the collective bargaining agreement.

Some of the employees became dissatisfied with the union’s handling of the case. Accordingly, they asked the union to begin to picket the company.

Union officials advised these dissatisfied employees that according to the collective bargaining agreement, the union was bound to follow the established grievance procedure. The employees refused to cooperate with the grievance procedure and demanded that company management deal with them directly to establish an overall anti-discrimination policy.

Later the employees also picketed the store. Written notices were given to the picketing employees, telling them that they could be discharged if they repeated the conduct. The employees ignored the notices and, after picketing on the following weekend, were discharged. The employees filed a complaint with the National Labor Relations Board, which found that it could not support the employees.

The NLRB believed that such support would challenge the exclusive bargaining power of the union and thereby subvert the statutory intent of Congress.

The appeals court hearing the case reversed the Board’s findings, stating its belief that discrimination cases had a special position and thus fell outside the guarantee to the union of exclusive bargaining power. The case was appealed to the United States Supreme Court. Should the Supreme Court uphold the union’s exclusive right to engage in collective bargaining with the company? Explain. Emporium Capwell, Co. v. Western Addition Community Organization, 420 U.S. 50. (U.S. Sup. Ct.).