National Labor Relations Board v. Reliance Fuel Oil Corp.
Cases that cite this one
145 later published cases cite this decision. The 24 that cite it most often are listed here.
- Cox's Food Center, Inc. v. Retail Clerks Union, Local No. 1653 (Idaho 1966)
- United States v. Vincent J. Ricciardi, United States of America v. Stanley M. Unger (2d Cir. 1966)
- ELECTRICAL CONTRACTORS, INC., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner (2d Cir. 2001)
- National Labor Relations Board v. Fortune Bay Resort Casino (D. Minn. 2010)
- State of Maryland v. Wirtz (District Court, D. Maryland 1967)
- Willis v. Pickrick Restaurant (United States District Court for the Northern District of Georgia 1964)
- United States v. Dominick Mennuti and Victor Natale (2d Cir. 1981)
- United States v. Benjamin Shabazz Peay, United States of America v. James Robert Ford (4th Cir. 1992)
- Ymca of the Pikes Peak Region, Inc. v. National Labor Relations Board (10th Cir. 1990)
- Micronesian Telecommunications Corporation, Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-Petitioner (9th Cir. 1987)
- United States v. Grover Stanley Monholland and Orville Glenn Russell (10th Cir. 1979)
- National Association of Motor Bus Owners v. Claude S. Brinegar, Secretary of the Department of Transportation (D.C. Cir. 1973)
- National Labor Relations Board v. E. L. Clark, Owner, Jim H. Pierce, Lessee of the Ashville-Whitney Nursing Home (5th Cir. 1972)
- National Labor Relations Board v. Southwestern Colorado Contractors Association and Its Members (10th Cir. 1967)
- LOCAL JOINT EXEC. BD., HOTEL & R. EMP. & BAR. INT. U. v. Joden, Inc. (District Court, D. Massachusetts 1966)
- New York Coat, Suit, Dress, Rainwear & Allied Workers' Union v. Sussex Sportswear, Inc. (District Court, M.D. Pennsylvania 1984)
- National Labor Relations Board v. Southeast Association for Retarded Citizens, Inc., D/B/A Southeast Work Training Center (9th Cir. 1982)
- National Labor Relations Board v. Mars Sales & Equipment Co. (7th Cir. 1980)
- National Labor Relations Board v. Inglewood Park Cemetery Association (9th Cir. 1966)
- National Labor Relations Board v. Marbro Food Service, Inc., D/B/A Fab's Famous Foods Company (10th Cir. 1966)
- National Labor Relations Board v. Little River Band of Ottawa Indians Tribal Government (6th Cir. 2015)
- Aroostook County Regional Ophthalmology Center v. National Labor Relations Board (D.C. Cir. 1996)
- National Labor Relations Board v. Hudson T. Marsden, a Sole Proprietorship (2d Cir. 1983)
- Hoffman v. Beer Drivers & Salesmen's Local Union No. 888 (9th Cir. 1976)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The Reliance Fuel Oil Corporation, respondent herein, was found by the National Labor Relations Board to have committed certain unfair labor practices in violation of the National Labor Relations Act, 49 Stat. 449, as amended, 29 U. S. C. § 151 et seq. Jurisdiction before the Board was predicated upon the fact that Reliance, a New York distributor of fuel oil whose operations were local, 1 purchased within the State a “substantial amount” of fuel *225 oil and related products from the Gulf Oil Corporation, a supplier concededly engaged in interstate commerce. Most of the products sold to Reliance by Gulf were delivered to Gulf from without the State of New York and prior to sale and delivery to Reliance were stored, without segregation as to customer, in Gulf’s tanks located within the State. During the fiscal year ending June 30, 1959, Reliance had gross sales in excess of $500,000 2 and, during the calendar year 1959, it purchased in excess of $650,000 worth of fuel oil and related products from Gulf.
The Board adopted its trial examiner’s findings that the operations of Reliance “affected” commerce within the meaning of the Act and that the unfair labor practices found tended “to lead to labor disputes burdening and obstructing commerce and the free flow of commerce ...” 129 N. L. R. B. 1166, 1171, 1182. The Court of Appeals reversed, 297 F. 2d 94, because, in its view, the record before the Board did not adequately demonstrate the existence of jurisdiction and remanded the case to the Board so that it might “take further evidence and make further findings on the manner in which a labor dispute at Reliance affects or tends to affect commerce.” The only issue before this Court is whether on the record before it the Board properly found that it had jurisdiction to enter an order against Reliance; the substantive findings as to the existence of the unfair labor practices are not here in dispute.
Under § 10 (a) of the Act, the Board is empowered “to prevent any person from engaging in any unfair labor practice (listed in section 8) affecting commerce.” Section 2 (6) defines “commerce” to mean “trade, traffic, *226 commerce, transportation, or communication among the . . . States . . and § 2 (7) declares:
“The term 'affecting commerce’ means in commerce, or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce.”
This Court has consistently declared that in passing the National Labor Relations Act, Congress intended to and did vest in the Board the fullest jurisdictional breadth constitutionally permissible under the Commerce Clause. See, e. g., Guss v. Utah Labor Board, 353 U. S. 1, 3; Polish Alliance v. Labor Board, 322 U. S. 643, 647-648; Labor Board v. Fainblatt, 306 U. S. 601, 607. Compare Weber v. Anheuser-Busch, Inc., 348 U. S. 468, 480. The Act establishes a framework within which the Board is to determine “whether proscribed practices would in particular situations adversely affect commerce when judged by the full reach of the constitutional power of Congress. Whether or no practices may be deemed by Congress to affect interstate commerce is not to be determined by confining judgment to the quantitative effect of the activities immediately before the Board. Appropriate for judgment is the fact that the immediate situation is representative of many others throughout the country, the total incidence of which if left unchecked may well become far-reaching in its harm to commerce.” Polish Alliance v. Labor Board, 322 U. S., at 648. See also Labor Board v. Fainblatt, 306 U. S., at 607-608.
That activities such as those of Reliance affect commerce and are within the constitutional reach of Congress is beyond doubt. See, e. g., Wickard v. Filburn, 317 U. S. 111. Through the National Labor Relations Act, “. . . Congress has explicitly regulated not merely transactions or goods in interstate commerce but activities *227 which in isolation might be deemed to be merely local but in the interlacings of business across state lines adversely affect such commerce.” Polish Alliance v. Labor Board, 322 U. S., at 648. This being so, the jurisdictional test is met here: the Board properly found that by virtue of Reliance’s purchases from Gulf, Reliance’s operations and the related unfair labor practices “affected” commerce, within the meaning of the Act. The judgment of the Court of Appeals accordingly must be and is reversed.
In 1969 Reliance purchased a few hundred dollars worth of truck parts in New Jersey, but the Board did not rely on such transactions to sustain its assertion of jurisdiction.
Since the Board apparently treated Reliance as a “retail” concern, this amount of gross sales met its self-imposed standard for exercise of jurisdiction. 129 N. L. R. B. 1166, 1170-1171.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.