United States Supreme Court Cases & Opinions

U.S. Supreme Court

Linden Lumber Division, Summer & Co. v. NLRB, 419 U.S. 301 (1974)

Linden Lumber Division, Summer & Co. v.

National Labor Relations Board

No. 73-1231

Argued November 18, 1974

Decided December 23, 1974*

419 U.S. 301

Syllabus

An employer who has not engaged in an unfair labor practice impairing the electoral process does not commit a violation of § 8(a)(5) of the National Labor Relations Act simply because he refuses to accept evidence of the union's majority status other than the results of a Board election. At least in the absence of any agreement to permit majority status to be determined by means other than a Board election, a union that is refused recognition despite authorization cards or other such evidence purporting to show that it represents a majority of the employees has the burden of taking the next step and invoking the Board's election procedure. Pp. 419 U. S. 303-310.

159 U.S.App.D.C. 228, 487 li'.2d 1099, reversed.

DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, BLACKMUN, and REHNQUIST, JJ., joined. STEWART, J., filed a dissenting opinion, in which WHITE, MARSHALL, and POWELL, JJ., joined, post, p. 419 U. S. 310.

Page 419 U. S. 302