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Republic Aviation Corp. v. National Labor Relations Board | 324 U.S. 793 (1945)

The National Labor Relations Act, or the Wagner Act, protects employees’ right to join labor unions. In Republic Aviation versus National Labor Relations Board, the Supreme Court considered the role of the National Labor Relations Board in ironing out conflicts between employees’ right to self organization and employers’ right to maintain discipline in the workplace.

Republic Aviation Corporation was ramping up production to supply the military with aircraft. It employed thousands in its plant in Suffolk County, New York. Most of these workers commuted from their homes across Long Island.

The United Auto Workers wanted to organize workers at the plant.

An employee tried to encourage coworkers to join by handing out union application cards at work during lunch breaks. Republic had a general rule prohibiting solicitation of any type in the factory or offices and fired the employee for breaking this rule.

Three other employees were union stewards and wore union buttons at work. Republic asked them to stop wearing these buttons lest they give the impression that management had acknowledged the stewards’ authority to represent employees at work. The stewards continued to wear their buttons, so Republic fired them.

The National Labor Relations Board reviewed the terminations. It determined that Republic’s no solicitation rule interfered with employees’ rights to self organization. Though the board concluded that the discharge of the stewards wasn’t motivated by opposition to the union, the discharge nonetheless violated the Wagner Act. The board directed Republic to reinstate the discharged employees. The Second Circuit affirmed. The United States Supreme Court granted cert and consolidated this case with another to resolve a conflict among the circuits.

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