National Labor Relations Board v. A. J. Tower Co. (329 U.S. 324)
U.S. Supreme Court · decided December 23, 1946 · Supreme Court Database (Spaeth)
- Citation
- 329 U.S. 324 · 67 S. Ct. 324
- Decided
- December 23, 1946
- Term
- October Term 1946
- Vote
- 8–1
- Majority author
- Justice Murphy
- Issue area
- Unions
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Murphy delivered the opinion of the Court. The issue here concerns the procedure used in elections under the National Labor Relations Act in which employees choose a statutory representative for purposes of collective bargaining. Specifically, we must determine the propriety of the National Labor Relations Board’s refusal to accept an employer’s post-election challenge to the eligibility of a voter who participated in a consent election. The respondent and a union entered into an agreement to conduct an election by secret ballot on May 5, 1944, under the supervision of the Board’s regional director, to determine whether the employees at respondent’s Roxbury plant in the unit defined in the agreement desired to be represented by the union. The agreement was approved by the regional director and provided that the election was to be held “in accordance with the National Labor Relations Act, the Board’s Rules and Regulations, and the customary procedures and policies of the Board.” The agreement set forth the qualifications for participation in the election. Only those who appeared on the pay-roll on April 21, 1944, were eligible; included were those employees who did not work at the time because they were ill, or on vacation, or temporarily laid off, or in the armed forces. The respondent had the duty of furnishing the regional director with an accurate list of the…
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