Museum Associates D/B/A Los Angeles County Museum of Art v. National Labor Relations Board

Museum Associates petitions for review of the National Labor Relations Board’s Decision that Museum Associates violated §§ 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(1) and (5) by refusing to bargain. The board cross-petitions for enforcement of its decision and order.

The issue is whether Museum Associates is so substantially controlled by a governmental subdivision that is exempt from the jurisdiction of the board under § 2(2) of the Act, 29 U.S.C. § 152 (2).

Museum Associates is a nonprofit California corporation which operates the Los Angeles County Museum of Art. Pursuant to statutory authority to establish and maintain a museum of art , the Board of Supervisors of Los Angeles County provided for construction of the museum when it entered into agreements in 1958 and 1960 with Museum Associates. Museum Associates agreed to raise funds and construct the museum on land set aside by the county. Museum Associates completed and donated the building in 1965.

The 1958 and 1960 agreements specified that the Board of Trustees of Museum Associates would operate and maintain the museum. The board of supervisors does not select the board of trustees or…