Howard Johnson Co., Inc. v. Detroit Local Joint Executive Board, Hotel & Restaurant Employees & Bartenders International Union, Afl-Cio

Decided June 3, 1974. Thurgood Marshall delivered the opinion of the Court.

Docket 73-631 · 417 U.S. 249 (1974) · Cited 475 times

Holding

Petitioner was not required to arbitrate with the union in the circumstances of this case, since there was plainly no substantial continuity of identity in the work force hired by petitioner with that of the sellers, and no express or implied assumption of the agreement to arbitrate.

The Court’s statement of the holding, from the opinion’s syllabus. The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court — read the official opinion for authority.

How the Justices voted

Decided 8–1.

“Concurring” means agreeing with the outcome; any split shown is the Court’s judgment, not each Justice’s reasoning. Source: the Supreme Court Database (Spaeth et al.), Washington University.

Precedents cited

Supreme Court decisions this opinion relies on, ordered by how often it cites each. Cases in our collection link through; others are named.

• National Labor Relations Board v. Burns International Security Services, Inc. · 406 U.S. 272 (1972)
• John Wiley & Sons, Inc. v. Livingston · 376 U.S. 543 (1964)
• Textile Workers v. Lincoln Mills of Ala. · 353 U.S. 448 (1957)
• Golden State Bottling Co. v. National Labor Relations Board · 414 U.S. 168 (1973)
• United Steelworkers v. Warrior & Gulf Navigation Co. · 363 U.S. 574 (1960)
• H. K. Porter Co. v. National Labor Relations Board · 397 U.S. 99 (1970)
• Southport Petroleum Co. v. National Labor Relations Board · 315 U.S. 100 (1942)

Cited by

Later Supreme Court opinions in our collection that cite this case.

• Fall River Dyeing & Finishing Corp. v. National Labor Relations Board · 482 U.S. 27 (1987)
• Complete Auto Transit, Inc. v. Reis · 451 U.S. 401 (1981)
• National Labor Relations Board v. Bildisco & Bildisco · 465 U.S. 513 (1984)
• Lodge 76, International Ass'n of MacHinists & Aerospace Workers v. Wisconsin Employment Relations Commission · 427 U.S. 132 (1976)
• Nolde Bros., Inc. v. Local No. 358, Bakery & Confectionery Workers Union · 430 U.S. 243 (1977)
• Carbon Fuel Co. v. United Mine Workers · 444 U.S. 212 (1979)

Official text

Read the official opinion (U.S. Reports, govinfo.gov)

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Source: Supreme Court of the United States, slip opinions (1974). Citation count from the Free Law Project’s CourtListener bulk data. Data last verified 2026-07-03. Informational only; verify against the primary source before relying. Not a consumer report (FCRA).