National Labor Relations Board v. Bell Aerospace Company Division
of Textron Inc. case brief summary
416 U.S. 267 (1974)
CASE FACTS
A union representing respondent's workers requested of petitioner a representation election to determine whether the union could be certified as the bargaining representative of the buyers at respondent's plant. Respondent opposed the petition asserting the buyers, as managerial employees, were not covered under the National Labor Relations Act, 29 U.S.C.S. § 151 et seq. (the Act). Petitioner held the buyers were covered by the Act and ordered respondent to bargain with the union. The appellate court denied enforcement of the order and remanded the case to petitioner so petitioner could conduct a rulemaking proceeding in conformity with § 156. Petitioner sought Supreme Court review.
DISCUSSION
The judgment in favor of respondent was affirmed as to the determination that managerial employees were not covered under the statute, but reversed as to the determination that petitioner was limited to rulemaking procedures when determining whether the employees at issue were managerial employees within the meaning of the statute.
Recommended Supplements for Administrative Law Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)
416 U.S. 267 (1974)
CASE SYNOPSIS
Petitioner sought review of the
judgment of the United States Court of Appeals for the Second Circuit
denying petitioner's cross-petition for enforcement of petitioner's
order in petitioner's action against respondent for unfair labor
practice in violation of §§ 8 (a)(5) and (1) of the National Labor
Relations Act, 29 U.S.C.S. §§ 158 (a)(5) and (1).CASE FACTS
A union representing respondent's workers requested of petitioner a representation election to determine whether the union could be certified as the bargaining representative of the buyers at respondent's plant. Respondent opposed the petition asserting the buyers, as managerial employees, were not covered under the National Labor Relations Act, 29 U.S.C.S. § 151 et seq. (the Act). Petitioner held the buyers were covered by the Act and ordered respondent to bargain with the union. The appellate court denied enforcement of the order and remanded the case to petitioner so petitioner could conduct a rulemaking proceeding in conformity with § 156. Petitioner sought Supreme Court review.
DISCUSSION
- The Court held that managerial employees were not covered under the Act but expressed no opinion as to whether the buyers fell into the category of managerial employees.
- Further, petitioner was not limited to rulemaking procedures under §156 if petitioner should so determine that the buyers were not managerial employees on remand, but instead had discretion to decide that the adjudicative procedures could also produce the relevant information necessary to a mature and fair consideration of the issues.
The judgment in favor of respondent was affirmed as to the determination that managerial employees were not covered under the statute, but reversed as to the determination that petitioner was limited to rulemaking procedures when determining whether the employees at issue were managerial employees within the meaning of the statute.
Recommended Supplements for Administrative Law Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)
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