NLRB v. Washington Aluminum Co.
8 L. Ed. 2d 298, 82 S. Ct. 1099 (1962)
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Rule of Law:
A spontaneous work stoppage by employees to protest adverse working conditions is a 'concerted activity' protected under § 7 of the National Labor Relations Act, even if the employees do not present a specific demand to their employer prior to the stoppage.
Facts:
- Washington Aluminum Company operated a machine shop that was poorly heated, and employees had previously complained about the cold conditions.
- On January 5, 1959, an unusually cold day, the main furnace in the shop was broken, making the conditions 'bitterly cold.'
- The shop foreman, Mr. Jarvis, remarked to one employee that if the workers 'had any guts at all, they would go home.'
- After one worker relayed the foreman's comment, seven of the eight machinists on the shift discussed the situation and decided to walk out together to protest the cold.
- Upon learning of the walkout, the company president immediately decided to terminate the seven employees who had left.
Procedural Posture:
- The National Labor Relations Board (NLRB), an administrative agency, found that Washington Aluminum Co. committed an unfair labor practice by discharging the seven employees.
- The NLRB ordered the company to reinstate the employees with back pay.
- The company sought review of the NLRB's order in the U.S. Court of Appeals for the Fourth Circuit.
- The Court of Appeals, an intermediate federal appellate court, refused to enforce the NLRB's order, holding that the employees' walkout was not a protected activity because they had not made a specific demand on the company.
- The Supreme Court of the United States granted certiorari to review the decision of the Court of Appeals.
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Issue:
Does a spontaneous work stoppage by a group of unorganized employees to protest cold working conditions constitute a protected 'concerted activity' for 'mutual aid or protection' under § 7 of the National Labor Relations Act, even when no specific demand is presented to the employer?
Opinions:
Majority - Mr. Justice Black
Yes, the employees' spontaneous work stoppage constitutes a protected 'concerted activity' under the National Labor Relations Act. The language of § 7 is broad enough to protect concerted activities whether they occur before, during, or after a specific demand is made. Requiring unorganized employees, who lack a formal grievance procedure, to present a specific demand before acting would frustrate the Act's policy of protecting workers' rights to act together for their mutual aid and protection. The walkout arose from a 'labor dispute' concerning 'conditions of employment'—the coldness of the shop. The reasonableness of the employees' decision to walk out is irrelevant to whether their action is protected. Furthermore, an employer's rule prohibiting employees from leaving work without permission cannot be used as 'cause' to discharge them for engaging in activity that § 7 protects.
Analysis:
This decision significantly broadens the interpretation of 'concerted activities' under Section 7 of the NLRA. It establishes that the protections of the Act are not limited to formal, union-led actions or protests that follow a specific procedural script. By removing the requirement of a prior demand, the Court affirmed that the Act protects spontaneous actions by unorganized workers, thereby lowering the barrier for employees to collectively address grievances over working conditions. This precedent solidifies the principle that the substance of the protest—acting together for mutual aid—is more important than its form, impacting future cases involving non-unionized employee walkouts.
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