William J. Brennan, Jr.

“ Thus, it had been held that the term 'the employees of any employer' limited the application of the statute to those within the statutory definitions of 'employees' and 'employer.' Section 2 (2) of the National Labor Relations Act defines 'employer' to exclude the federal and state governments and their agencies or subdivisions, nonprofit hospitals, and employers subject to the Railway Labor Act. 29 U.S.C. § 152 (2) . The definition of 'employee' in § 2 (3) excludes agricultural laborers, supervisors, and employees of an employer subject to the Railway Labor Act. ”

“ We attach no significance to the fact that another version of the proviso read:
'Provided, That nothing contained in this subsection (b) shall be construed * * * to prohibit publicity for the purpose of truthfully advising the public (including consumers) that an establishment is operated, or goods are produced or distributed, by an employer engaged in a labor dispute * * *.' 105 Cong.Rec. ”

“ Labor Board, supra, the Court of Appeals reasoned that since a 'processor' and a 'manufacturer' are engaged in the physical creation of goods, the word 'producer' must be read as limited to one who performs similar functions. On the contrary, we think that 'producer' must be given a broader reach, else it is rendered virtually superfluous.
Finally, the warnings that handbills would be distributed in front of noncooperating stores are not prohibited as 'threats' within subsection (ii) . ”