Labor Law – National Labor Relations Board – Effect of the NLRB’s Refusal to Take Jurisdiction

Appellant corporation was charged by the United Steelworkers of America with unfair labor practices in violation of sections 8(a)(1), (3) and (5) of the National Labor Relations Act. Although appellant’s business affected commerce within the meaning of the act, the acting regional director of the NLRB declined to issue a complaint because the company’s volume of business did not meet the Board’s revised minimum “jurisdictional” standards. The union then filed substantially the same charges with the Utah Labor Relations Board. The Utah Board’s determination that it had jurisdiction was affirmed by the Utah Supreme Court. On certiorari to the Supreme Court of the United States, held, reversed, two justices dissenting. The proviso to section 10(a) of the NLRA offers the exclusive means whereby states may assume jurisdiction over matters which Congress has entrusted to the NLRB. Guss v. Utah Labor Board, 353 U.S. I (1957).