Legal Opinion

Moreland Corp. v. Retail Store Employees Union Local No. 444

Wisconsin Supreme Court

Decided May 1, 1962PublishedCited by 28 opinions

1Opinion of the CourtGordon, J.

The appellants contend that the circuit court does not have subject-matter jurisdiction to determine the controversy because of federal labor law preemption. The issue of federal pre-emption was not raised in the trial court. The respondent urges that the issue of federal pre-emption cannot be decided without a trial on the merits.

When an activity is “arguably subject” to sec. 7 or 8 of the National Labor Relations Act, as amended, 29 USCA, secs. 157 and 158, the states must defer to the jurisdiction of the national labor relations board, except as to peripheral matters such as those…

2Cases cited9 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Marsh v. AlabamaSupreme Court of the United States · 1946
  3. National Labor Relations Board v. Babcock & Wilcox Co.Supreme Court of the United States · 1956
  4. Amalgamated Meat Cutters & Butcher Workmen, Local No. 427 v. Fairlawn Meats, Inc.Supreme Court of the United States · 1957
  5. Voysey v. LabiskyWisconsin Supreme Court · 1960

4 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc.Supreme Court of the United States · 1968
  2. May Department Stores Co. v. Teamsters Union Local No. 743Illinois Supreme Court · 1976
  3. Schwartz-Torrance Investment Corp. v. Bakery & Confectionery Workers' UnionCalifornia Supreme Court · 1964
  4. Chicago & North Western Railway Co. v. La FolletteWisconsin Supreme Court · 1965
  5. State v. WebbWisconsin Supreme Court · 1991

23 more not listed; retrieve them via the Exa API.

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