Magnesium Casting Co v. National Labor Relations Board 18 8212 19, 1971, No. 370

CourtUnited States Supreme Court
Writing for the CourtDOUGLAS
Citation91 S.Ct. 599,401 U.S. 137,27 L.Ed.2d 735
PartiesMAGNESIUM CASTING CO. v. NATIONAL LABOR RELATIONS BOARD. Argued Jan. 18—19, 1971
Docket NumberNo. 370
Decision Date23 February 1971

401 U.S. 137
91 S.Ct. 599
27 L.Ed.2d 735
MAGNESIUM CASTING CO.

v.

NATIONAL LABOR RELATIONS BOARD.

No. 370.
Argued Jan. 18—19, 1971.
Decided Feb. 23, 1971.
Rehearing Denied April 19, 1971.

See 402 U.S. 925, 91 S.Ct. 1364.

Syllabus

Following a unit determination hearing, the National Labor Relations Board (NLRB) regional director concluded that three individuals were employees rather than supervisors and thus includible in the proposed bargaining unit at petitioner company's plant. The NLRB denied petitioner's request for review. Following an election, the regional director certified the union as the exclusive bargaining representative. Subsequently, the NLRB upheld a finding that petitioner's refusal to bargain constituted an unfair labor practice. Petitioner moved for reconsideration on the ground that the NLRB was required to give plenary review to the regional director's representation determination before issuing an unfair labor practice order based on that determination. The motion was denied and the Court of Appeals enforced the NLRB's order. Held: Under § 3(b) of the National Labor Relations Act the NLRB is permitted to delegate to the regional director its authority to determine the appropriate bargaining unit, and plenary review by the NLRB of such determination is not mandatory. Pp. 141—143.

427 F.2d 114, affirmed.

Louis Chandler, Boston, Mass., for petitioner.

Norton J. Come, Washington, D.C., for respondent.

Page 138

Mr. Justice DOUGLAS delivered the opinion of the Court.

Section 3(b) of the National Labor Relations Act, as amended, 61 Stat. 139, 73 Stat. 542, 29 U.S.C. § 153(b), authorizes the National Labor Relations Board to delegate to its regional directors the power to determine the unit appropriate for collective bargaining.1 The Board accordingly adopted rules delegating to its regional directors its powers to determine representation issues and defining the conditions when the Board will review the determination of a regional director.2

Page 139

On filing of a representation petition, § 9(c)(1) provides that a hearing shall be held to determine if a question of representation exists and, if so, the appropriate bargaining unit. If an election is directed and the union prevails, it is certified as the employees' bargaining representative. An employer who contests the election, including the unit determination, can only obtain court review under § 10 after an unfair labor practice charge has been made against him by the Board for refusing to bargain collectively 'with the representatives of his employees' as provided in § 8(a)(5).

In that review, however, the determination of the bargaining unit by the regional director need not be reviewed by the Board. Whether the Board reviews the initial decision on the merits, see Pittsburgh Plate Glass Co. v. NLRB, 313 U.S. 146, 162, 61 S.Ct. 908, 85 L.Ed. 1251, or the employer fails to request review of the action of the regional director, or the Board denies a request for review, the Board has

Page 140

discretion to reopen the issue where newly discovered noncumulative evidence is available.3

The United Steelworkers filed a petition requesting a representation election among the production and maintenance employees at petitioner's Hyde Park, Massachusetts, plant. The regional director provided a hearing and the essential issues tendered concerned four individuals classified as 'assistant foremen.' The question was whether they were employees and properly within the unit or supervisors as defined in § 2(11) of the Act and therefore excluded. The regional director found that three were employees and ordered an election in a unit consisting of all the employees, including the three.

Petitioner filed a request with the Board to review the decision of the regional director that the three men in question were employees, contending that such determination was clearly erroneous. The Board denied petitioner's request for review and an election was held. Thereafter the regional director certified the union as the exclusive bargaining representative of the employees. When petitioner refused to bargain, the union filed an unfair labor practice charge with the Board. The trial examiner found for the union and the Board affirmed. 175 N.L.R.B. No. 68.

Petitioner moved for reconsideration claiming the Board must review the regional director's representation determination before issuing an unfair labor practice order based on it. Petitioner's reliance was on Pepsi-Cola Buffalo Bottling Co. v. NLRB, 2 Cir., 409 F.2d 676, decided by the Court of Appeals for the Second Circuit. The Board denied that motion, noting its disagreement with the...

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85 practice notes
  • N.L.R.B. v. Porta Systems Corp., No. 650
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • May 29, 1980
    ...cert. denied, 404 U.S. 1039, 92 S.Ct. 713, 30 L.Ed.2d 730 (1972); NLRB v. Magnesium Casting Co., 427 F.2d 114 (1st Cir. 1970), aff'd, 401 U.S. 137, 91 S.Ct. 599, 27 L.Ed.2d 735 (1971); Westinghouse Electric Corp. v. NLRB, 424 F.2d 1151 (7th Cir.), cert. denied, 400 U.S. 831, 91 S.Ct. 63, 27......
  • Chamber of Commerce of U.S. v. Nat'l Labor Relations Bd., Civil Action No. 15–0009 (ABJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • July 29, 2015
    ...... to adopt the final rule's amendments concerning post-election review." Id. at 74,332 –33, citing Magnesium Casting Co. v. NLRB, 401 U.S. 137, 141–42, 91 S.Ct. 599, 27 L.Ed.2d 735 (1971) (rejecting employer's contention that "plenary review by the Board of the regional director's unit de......
  • Pilot Freight Carriers v. INTERN. BROTH., ETC., No. C-219-WS-72.
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • July 23, 1980
    ...v. Horn & Hardart Co., 439 F.2d 674, 683 (2d Cir. 1971); NLRB v. Union Brothers, 403 F.2d at 886-88; see Magnesium Casting Co. v. NLRB, 401 U.S. 137, 91 S.Ct. 599, 27 L.Ed.2d 735 (1971). Moreover, the courts have held uniformly that selection of an appropriate bargaining unit lies largely w......
  • Graham Architectural Products Corp. v. N.L.R.B., No. 82-3063
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • March 31, 1983
    ...when, and only when, such an order issues, may a representation order be reviewed by the court. See, e.g., Magnesium Casting Co. v. NLRB, 401 U.S. 137, 139, 91 S.Ct. 599, 600, 27 L.Ed.2d 735 However, it must be remembered that the cases which have established this "gateway to review" by the......
  • Request a trial to view additional results
85 cases
  • N.L.R.B. v. Porta Systems Corp., No. 650
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • May 29, 1980
    ...cert. denied, 404 U.S. 1039, 92 S.Ct. 713, 30 L.Ed.2d 730 (1972); NLRB v. Magnesium Casting Co., 427 F.2d 114 (1st Cir. 1970), aff'd, 401 U.S. 137, 91 S.Ct. 599, 27 L.Ed.2d 735 (1971); Westinghouse Electric Corp. v. NLRB, 424 F.2d 1151 (7th Cir.), cert. denied, 400 U.S. 831, 91 S.Ct. 63, 27......
  • Chamber of Commerce of U.S. v. Nat'l Labor Relations Bd., Civil Action No. 15–0009 (ABJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • July 29, 2015
    ...... to adopt the final rule's amendments concerning post-election review." Id. at 74,332 –33, citing Magnesium Casting Co. v. NLRB, 401 U.S. 137, 141–42, 91 S.Ct. 599, 27 L.Ed.2d 735 (1971) (rejecting employer's contention that "plenary review by the Board of the regional director's unit de......
  • Pilot Freight Carriers v. INTERN. BROTH., ETC., No. C-219-WS-72.
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • July 23, 1980
    ...v. Horn & Hardart Co., 439 F.2d 674, 683 (2d Cir. 1971); NLRB v. Union Brothers, 403 F.2d at 886-88; see Magnesium Casting Co. v. NLRB, 401 U.S. 137, 91 S.Ct. 599, 27 L.Ed.2d 735 (1971). Moreover, the courts have held uniformly that selection of an appropriate bargaining unit lies largely w......
  • Graham Architectural Products Corp. v. N.L.R.B., No. 82-3063
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • March 31, 1983
    ...when, and only when, such an order issues, may a representation order be reviewed by the court. See, e.g., Magnesium Casting Co. v. NLRB, 401 U.S. 137, 139, 91 S.Ct. 599, 600, 27 L.Ed.2d 735 However, it must be remembered that the cases which have established this "gateway to review" by the......
  • Request a trial to view additional results

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