National Labor Relations Board v. International Brotherhood of Electrical Workers, 253

• Decision Date: 02 January 1940
• Docket Number: No. 253,253
• Citation: National Labor Relations Board v. International Brotherhood of Electrical Workers, 308 U.S. 413, 60 S.Ct. 306, 84 L.Ed. 354 (1940)
• Parties: NATIONAL LABOR RELATIONS BOARD v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS et al
• Court: U.S. Supreme Court

308 U.S. 413

60 S.Ct. 306

84 L.Ed. 354

NATIONAL LABOR RELATIONS BOARD

v INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS et al.

No. 253.

Argued Dec. 8, 1939.

Decided Jan. 2, 1940.

Messrs. Frank Murphy, Atty. Gen., and Charles Fahy, of Washington, D.C., for petitioner.

Messrs. Taft, Slettinius & Hollister, and John B. Hollister, all of Cincinnati, Ohio, and Isaac Lobe Straus, and Sigmund Levin, both of Baltimore, Md., for respondents.

Mr. Justice STONEdelivered the opinion of the Court.

This is a companion case to American Federation of Labor, et al. v. National Labor Relations Board, 308 U.S. 401, 60 S.Ct. 300, 84 L.Ed. 347, decided this day.The decisive question raised by the petition is whether a direction for an election made by the National Labor Relations Board in a representation proceeding under § 9(c) of the Wagner Act, 49 Stat. 449, 453,29 U.S.C., Supp. IV, §§ 151—166, 29 U.S.C.A. §§ 151—166, is reviewable by a circuit court of appeals under § 10(f) of the Act.

In February, 1938, International Brotherhood of Electrical Workers, Local 876, one of the respondents, and an affiliate of respondent, American Federation of Labor, filed with the regional director of the Board a petition asking an investigation and the certification of a representative, for purposes of collective bargaining, of the employees of Consumers Power Company, pursuant to § 9(c) of the Act.After a hearing, in which the petitioner, the employer, and the Utility Workers Organizing Committee, an affiliate of the Congress of Industrial Organization, participated, the Board issued a 'decision and direction of election.'9 N.L.R.B. 742.At the election in January, 1939, 2,806 of the total 2,977 employees voted.Of these 1,072 voted for I.B.E.W. and 1,164 voted for U.W.O.C.

After further proceedings and a hearing the Board found 'that the question concerning representation which has arisen can best be resolved by the holding of a run-off election in which the employees in the appropriate unit will be given the opportunity to decide whether or not they desire to be represented by U.W.O.C.' and made its 'direction' accordingly.11 N.L.R.B. 848.

Contending that the direction, contrary to law, excludes Union 876 from the ballot on the run-off election, respondents petitioned the Court of Appeals for the Sixth Circuit to review the direction under the provisions of § 10(f) of the Act.That court set aside the direction as infringing the free choice by employees of their representatives for purposes of collective bargaining assured to them by §§ 1, 7, 9(a) and ...