Linden Lumber Division, Summer & Co. v. NLRB
Annotate this Case
419 U.S. 301 (1974)
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
Argued November 18, 1974
Decided December 23, 1974
419 U.S. 301
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.