InsideGov
Supreme Court · Decisions

American Federation of Musicians of the United States and Canada et al. v. Wittstein et al.

379 U.S. 171 · No. 27 · 1964 term · Warren Court

Decided Dec 7, 1964 · argued Nov 16, 1964

Unions · Union-union member dispute

Majority opinion: Byron White

The voteMajority

7–07 in the majority, 0 in dissent

No dissent (9–0)

Reversed and remanded. American Federation of Musicians of the United States and Canada et al. won.

What this ruling means

Reversed and remanded: the Supreme Court overturned the decision of the U.S. Court of Appeals, Second Circuit and sent the case back to that court for further proceedings that follow the Supreme Court’s ruling.

American Federation of Musicians of the United States and Canada et al. 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.

Report a correction

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.

Report a correction

How the justices voted

Each justice who took part, placed by their Martin–Quinn ideology score for the 1964 term. Filled: the 7 in the majority. Hollow: the 0 in dissent. Colour is the party of the president who appointed them.

More liberalMore conservativeMedianDouglasBrennanBlackWhiteClarkStewartHarlan

Majority(7)

Dissent(0)

  • None.

Did not take part: Earl Warren, Arthur Goldberg.

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.

Report a correction

The parties

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

Petitioner
American Federation of Musicians of the United States and Canada et al.Union, labor organization, or official
Respondent
Wittstein et al.Union member
Reached the Court by
Certiorari (the Court chose to hear it)
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.

Report a correction

The law at issue

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

Provision
Labor-Management Reporting and Disclosure
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.

Report a correction

Timeline

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

  1. Dec 7, 1964DecidedDecided · Decided 7–0: reversed and remanded. American Federation of Musicians of the United States and Canada et al. won.
  2. Nov 16, 1964ArguedArgued · Oral argument before the Court.
  3. Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari).
  4. Not datedCourt belowCourt below · Decided by the U.S. Court of Appeals, Second Circuit: affirmed, with a dissent.
  5. Not datedBeganBegan · The case began in the New York Southern U.S. District Court.
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.

Report a correction

Other decisions on the same issue

35 other argued cases since 1946 on union-union member dispute, newest first.

  1. Dianne Knox, et al., Petitioners v. Service Employees International Union, Local 1000567 U.S. 298Jun 21, 2012 · 567 U.S. 298Unions7–27–2 band

  2. Air Line Pilots Association, International v. Joseph E. O'Neill et al.499 U.S. 65Mar 19, 1991 · 499 U.S. 65Unions9–0Unanimous band
  3. International Organization of Masters, Mates & Pilots, et al. v. Timothy A. Brown498 U.S. 466Feb 20, 1991 · 498 U.S. 466Unions9–0Unanimous band
  4. Lynn L. Breininger v. Sheet Metal Workers International Association Local Union No. 6493 U.S. 67Dec 5, 1989 · 493 U.S. 67Unions7–27–2 band
  5. Sheet Metal Workers' International Assn. et al. v. Lynn488 U.S. 347Jan 18, 1989 · 488 U.S. 347Unions8–0Unanimous band
  6. Reed v. United Transportation Union et al.488 U.S. 319Jan 11, 1989 · 488 U.S. 319Unions8–18–1 band
  7. National Labor Relations Board v. International Brotherhood of Electrical Workers, Local 340481 U.S. 573May 18, 1987 · 481 U.S. 573Unions6–36–3 band
  8. West v. Conrail et al.481 U.S. 35Apr 6, 1987 · 481 U.S. 35Unions9–0Unanimous band
  9. Pattern Makers' League of North America, AFL-CIO, et al. v. National Labor Relations Board et al.473 U.S. 95Jun 27, 1985 · 473 U.S. 95Unions5–45–4 band

  10. Local No. 82, Furniture & Piano Movers, Furniture Store Drivers, Helpers, Warehousemen & Packers, et al. v. Crowley et al.467 U.S. 526Jun 12, 1984 · 467 U.S. 526Unions8–18–1 band
  11. Delcostello v. International Brotherhood of Teamsters et al.462 U.S. 151Jun 8, 1983 · 462 U.S. 151Unions7–27–2 band
  12. Bowen v. United States Postal Service et al.459 U.S. 212Jan 11, 1983 · 459 U.S. 212Unions5–45–4 band
  13. Finnegan et al. v. Leu et al.456 U.S. 431May 17, 1982 · 456 U.S. 431Unions9–0Unanimous band
  14. International Brotherhood of Electrical Workers et al. v. Foust442 U.S. 42May 29, 1979 · 442 U.S. 42Unions9–0Unanimous band
  15. American Broadcasting Companies, Inc., et al. v. Writers Guild of America, West, Inc., et al.437 U.S. 411Jun 21, 1978 · 437 U.S. 411Unions5–45–4 band
  16. Local 3489, United Steelworkers of America, AFL-CIO, et al. v. Usery, Secretary of Labor429 U.S. 305Jan 12, 1977 · 429 U.S. 305Unions6–36–3 band
  17. Emporium Capwell Co. v. Western Addition Community Organization et al.420 U.S. 50Feb 18, 1975 · 420 U.S. 50Unions8–18–1 band
  18. Florida Power & Light Co. v. International Brotherhood of Electrical Workers, Local 641, et al.417 U.S. 790Jun 24, 1974 · 417 U.S. 790Unions5–45–4 band
  19. Booster Lodge No. 405, International Association of Machinists & Aerospace Workers, AFL-CIO v. National Labor Relations Board et al.412 U.S. 84May 21, 1973 · 412 U.S. 84Unions9–0Unanimous band
  20. National Labor Relations Board v. Boeing Co. et al.412 U.S. 67May 21, 1973 · 412 U.S. 67Unions6–36–3 band
  21. National Labor Relations Board v. Granite State Joint Board, Textile Workers Union of America, Local 1029, AFL-CIO409 U.S. 213Dec 7, 1972 · 409 U.S. 213Unions8–18–1 band
  22. Trbovich v. United Mine Workers of America et al.404 U.S. 528Jan 17, 1972 · 404 U.S. 528Unions6–18–1 band
  23. Hodgson, Secretary of Labor v. Local Union 6799, United Steelworkers of America, AFL-CIO, et al.403 U.S. 333Jun 14, 1971 · 403 U.S. 333Unions7–27–2 band
  24. Amalgamated Association of Street, Electric Railway & Motor Coach Employees of America et al. v. Lockridge403 U.S. 274Jun 14, 1971 · 403 U.S. 274Unions5–45–4 band
  25. International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, AFL-CIO v. Hardeman401 U.S. 233Feb 24, 1971 · 401 U.S. 233Unions8–18–1 band
  26. Czosek et al. v. O'Mara et al.397 U.S. 25Feb 24, 1970 · 397 U.S. 25Unions7–18–1 band
  27. Scofield et al. v. National Labor Relations Board et al.394 U.S. 423Apr 1, 1969 · 394 U.S. 423Unions7–18–1 band
  28. Wirtz, Secretary of Labor v. Hotel, Motel & Club Employees Union, Local 6391 U.S. 492Jun 3, 1968 · 391 U.S. 492Unions8–0Unanimous band
  29. National Labor Relations Board v. Industrial Union of Marine & Shipbuilding Workers of America, AFL-CIO, et al.391 U.S. 418May 27, 1968 · 391 U.S. 418Unions8–18–1 band
  30. Wirtz, Secretary of Labor v. Local Union No. 125, Laborers' International Union of North America, AFL-CIO389 U.S. 477Jan 15, 1968 · 389 U.S. 477Unions8–0Unanimous band
  31. Wirtz, Secretary of Labor v. Local 153, Glass Bottle Blowers Association of the United States and Canada, AFL-CIO389 U.S. 463Jan 15, 1968 · 389 U.S. 463Unions8–0Unanimous band
  32. National Labor Relations Board v. Allis-Chalmers Manufacturing Co. et al.388 U.S. 175Jun 12, 1967 · 388 U.S. 175Unions5–45–4 band
  33. Vaca et al. v. Sipes, Administrator386 U.S. 171Feb 27, 1967 · 386 U.S. 171Unions8–18–1 band
  34. Calhoon, President, Or Peters, Secretary-Treasurer of District No. 1, National Marine Engineers' Beneficial Association, AFL-CIO v. Harvey et al.379 U.S. 134Dec 7, 1964 · 379 U.S. 134Unions8–18–1 band
  35. Radio Officers' Union of the Commercial Telegraphers Union, AFL, v. National Labor Relations Board347 U.S. 17Feb 1, 1954 · 347 U.S. 17Unions7–27–2 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.

Report a correction

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.