CONSTITUTIONAL LAW - COMMERCE CLAUSE - LABOR LAW - POWER OF STATE TO ENJOIN UNFAIR LABOR PRACTICES OF EMPLOYEES IN INDUSTRIES ENGAGED IN INTERSTATE COMMERCE

The appellant (defendant in the case below) and certain of its members were found guilty of unfair labor practices as defined by the Wisconsin Employment Relations Act. Plaintiff-appellee issued a cease and desist order, which was sustained by the lower court despite defendant\u27s contention that the statute was unconstitutional on the ground that Congress had precluded such state legislation affecting interstate industries by enacting the National Labor Relations Act. Held, plaintiff\u27s order sustained. State legislation not repugnant to the Wagner Act is operative in this field so long as the National Labor Relations Board has not acted in the particular matter. Allen-Bradley Local No. 1111, United Electrical, Radio & Machine Workers of America v. Wisconsin Employment Relations Board, (Wis., 1941) 295 N. W. 791