National Labor Relations Board v. Wyman-Gordon Co. case brief

National Labor Relations Board v. Wyman-Gordon Co. case brief summary
394 U.S. 759 (1969)

CASE SYNOPSIS

Petitioner National Labor Relations Board (NLRB) brought an action against respondent employer to enforce a subpoena for a list of employees eligible to vote in a union election. The United States Court of Appeals for the Third Circuit reversed the decision that directed the employer to comply with the subpoena, as it was based on a rule that was not promulgated in accordance with statutory requirements. The NLRB petitioned for certiorari.

CASE FACTS
The district court order directing the employer to provide a list of employees was based on the NLRB's Excelsior rule. The Excelsior rule purported to establish the general principle that a list of employees eligible to vote in a union election be provided to the union within seven days after an election was approved.

DISCUSSION

• The United States Supreme Court held that the Excelsior rule was invalid, as it was not promulgated in accordance with applicable administrative laws, but that the employer was nevertheless required to produce the employee list because it was specifically directed to do so by the NLRB in an adjudicatory proceeding. The NLRB did not have discretion to promulgate rules in adjudicatory proceedings without complying with the established statutory requirements. 
• The NLRB's mandate to provide the employee list was nevertheless valid, as it was part of an order in a pending case that the employer was required to obey. 
• The disclosure requirement was substantively valid, and the NLRB was authorized to subpoena employee lists because they were "evidence" within the meaning of § 11 (29 U.S.C.S. § 161) of the National Labor Relations Act.

OUTCOME

The decision that reversed the order requiring the employer to comply with the board's subpoena and provide an employee list to the union was overturned and the matter was remanded to the district court so its judgment could be reinstated.

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