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Hudgens v. National Labor Relations Board

United States Supreme Court

424 U.S. 507 (1976)

Relevant factsFree

Butler Shoe Co. warehouse employees, whose retail store was located within Scott Hudgens's (defendant) sixty-plus-store private shopping center, struck and picketed both within the mall and in front of the shoe store over labor issues; Hudgens's general manager twice told the picketers they would be arrested if they didn't leave, and they complied both times. The union filed a complaint with the National Labor Relations Board (plaintiff), which issued a cease-and-desist order against Hudgens for violating the National Labor Relations Act, and the court of appeals upheld that order.

IssueFree

Whether a private shopping center may constitutionally exclude peaceful picketers from its premises.

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