A direction for an election made by the National Labor Relations
Board in a representation proceeding under § 9(c) of the National
Labor Relations Act is not reviewable by a Circuit Court of Appeals
under § 10 of the Act.
American Federation of Labor v. Labor
Board, ante p.
308 U. S. 401. P.
308 U. S.
414.
105 F.2d 598 reversed.
Certiorari,
post, p. 537, to review a judgment setting
aside on appeal an order of the National Labor Relations Board
directing an election by employees.
MR. JUSTICE STONE delivered the opinion of the Court.
This is a companion case to
American Federation of Labor, et
al. v. Labor Board, ante, p.
308 U. S. 401. 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, is reviewable by a
circuit court of appeals under § 10(f) of the Act.
Page 308 U. S. 414
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 (c) of the Wagner Act. We granted
certiorari October 9, 1939, so that the case might be considered
with
American Federation of Labor v. Labor Board,
supra.
Decision here is controlled by our decision in that case. The
direction for an election is but a part of the representation
Page 308 U. S. 415
proceeding authorized by § 9(c), and is no more subject to
review under § 10(f) than is a certification, which is the final
step in such a proceeding and which we have just held Congress has
excluded from the review afforded by that subdivision.
Reversed.