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Supreme Court · Decisions

National Labor Relations Board v. Burnup & Sims, Inc.

379 U.S. 21 · No. 15 · 1964 term · Warren Court

Decided Nov 9, 1964 · argued Oct 15, 1964

Unions · Labor-management disputes: employee discharge

Majority opinion: William Douglas

The voteMajorityDissent

8–18 in the majority, 1 in dissent

1 dissent (8–1)

Reversed. National Labor Relations Board won.

What this ruling means

Reversed: the Supreme Court overturned the decision of the U.S. Court of Appeals, Fifth Circuit, and its own ruling ends the case.

National Labor Relations Board was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.

From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.

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Summary

The opening of the case’s Wikipedia article: what the case was about and what the Court held.

Wikipedia has no article on this case, so there is no summary.

Data notes

The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.

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How the justices voted

Each justice who took part, placed by their Martin–Quinn ideology score for the 1964 term. Filled: the 8 in the majority. Hollow: the 1 in dissent. Colour is the party of the president who appointed them.

More liberalMore conservativeMedianDouglasWarrenBrennanBlackGoldbergWhiteClarkStewartHarlan

Majority(8)

Dissent(1)

Data notes

Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.

Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.

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The parties

Who brought the case to the Court, who answered it, and how it got there.

Petitioner
National Labor Relations BoardNational Labor Relations Board, or regional office or officer
Respondent
Burnup & Sims, Inc.Employer
Reached the Court by
Certiorari (the Court chose to hear it)
Why it was taken
Federal appeals courts had ruled differently on the question
Data notes

The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.

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The law at issue

The law the Court was asked to apply, and the kind of power it used to decide.

Provision
National Labor Relations, as amended
Kind of law
Federal Statute
Decided by
Statutory construction
Data notes

The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.

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Timeline

What happened at the Court and how the case got there, newest first.

  1. Nov 9, 1964DecidedDecided · Decided 8–1: reversed. National Labor Relations Board won.
  2. Oct 15, 1964ArguedArgued · Oral argument before the Court.
  3. Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari). Federal appeals courts had ruled differently on the question.
  4. Not datedCourt belowCourt below · Began in and was decided by the U.S. Court of Appeals, Fifth Circuit: reversed.
Data notes

From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.

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Other decisions on the same issue

20 other argued cases since 1946 on labor-management disputes: employee discharge, newest first.

  1. Starbucks Corp. v. McKinney144 S. Ct. 1570Jun 13, 2024 · 144 S. Ct. 1570Unions8–18–1 band

  2. Union Pacific Railroad Company v. Brotherhood of Locomotive Engineers and Trainmen General Committee of Adjustment, Central Region558 U.S. 67Dec 8, 2009 · 558 U.S. 67Unions9–0Unanimous band

  3. Eastern Associated Coal Corporation v. United Mine Workers of America, District 17, et al.531 U.S. 57Nov 28, 2000 · 531 U.S. 57Unions9–0Unanimous band

  4. Arthur Groves, Bobby J. Evans and Local 771, Internation Union UAW v. Ring Screw Works, Ferndale Fastener Division498 U.S. 168Dec 10, 1990 · 498 U.S. 168Unions9–0Unanimous band
  5. Trans World Airlines, Inc. v. Independent Federation of Flight Attendants489 U.S. 426Feb 28, 1989 · 489 U.S. 426Unions6–36–3 band
  6. Trans World Airlines, Inc. v. Independent Federation of Flight Attendants485 U.S. 175Mar 2, 1988 · 485 U.S. 175Unions4–45–4 band
  7. National Labor Relations Board v. City Disposal Systems, Inc.465 U.S. 822Mar 21, 1984 · 465 U.S. 822Unions5–45–4 band
  8. National Labor Relations Board v. Transportation Management Corp.462 U.S. 393Jun 13, 1983 · 462 U.S. 393Unions9–0Unanimous band
  9. Golden State Bottling Co., Inc., Formerly Pepsi-Cola Bottling Co. of Sacramento, et al. v. National Labor Relations Board414 U.S. 168Dec 5, 1973 · 414 U.S. 168Unions9–0Unanimous band
  10. National Labor Relations Board v. International Van Lines409 U.S. 48Nov 7, 1972 · 409 U.S. 48Unions9–0Unanimous band
  11. National Labor Relations Board v. Scrivener, dba Aa Electric Co.405 U.S. 117Feb 23, 1972 · 405 U.S. 117Unions9–0Unanimous band
  12. National Labor Relations Board v. Fleetwood Trailer Co., Inc.389 U.S. 375Dec 18, 1967 · 389 U.S. 375Unions8–0Unanimous band
  13. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW), AFL-CIO v. Hoosier Cardinal Corp.383 U.S. 696Mar 24, 1966 · 383 U.S. 696Unions6–36–3 band
  14. American Ship Building Co. v. National Labor Relations Board380 U.S. 300Mar 29, 1965 · 380 U.S. 300Unions9–0Unanimous band

  15. International Association of Machinists, AFL-CIO, et al. v. Central Airlines, Inc.372 U.S. 682Apr 15, 1963 · 372 U.S. 682Unions9–0Unanimous band
  16. General Drivers, Warehousemen & Helpers, Local Union No. 89, et al. v. Riss & Company, Inc.372 U.S. 517Mar 18, 1963 · 372 U.S. 517Unions9–0Unanimous band
  17. National Labor Relations Board v. Washington Aluminum Co.370 U.S. 9May 28, 1962 · 370 U.S. 9Unions7–0Unanimous band

  18. National Labor Relations Board v. Walton Manufacturing Co. et al.369 U.S. 404Apr 9, 1962 · 369 U.S. 404Unions6–27–2 band
  19. Olin Mathieson Chemical Corp. v. National Labor Relations Board.352 U.S. 1020Feb 28, 1957 · 352 U.S. 1020Unions8–0Unanimous band
  20. National Labor Relations Board v. Seven-Up Bottling Company of Miami, Inc.344 U.S. 344Jan 12, 1953 · 344 U.S. 344Unions8–18–1 band
Data notes

Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.

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Official record

Read the full opinion on Justia and the argument audio on Oyez. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.