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Home > Journals > Michigan Law Review > MLR > Volume 39 > Issue 8 (1941)

 

Abstract

The Pittsburgh Plate Glass Co., a Pennsylvania corporation, had six plants in its plate glass division located in five scattered states. In 1938 a C. I. O. affiliate filed a charge with the National Labor Relations Board that the company had violated the National Labor Relations Act by dominating and interfering with a company union at the Missouri plant. The company union was not a party to the proceeding. The company consented to a stipulation and consent decree directing it to cease and desist from dominating or recognizing the company union. Shortly thereafter in certification proceedings, the board held that the entire six plants constituted an appropriate unit for collective bargaining, despite the fact that a majority of the employees at the Missouri plant opposed such a unit. The company union was a party to the latter proceeding, but was denied the right to introduce evidence as to its representation of the employees in the Missouri plant, due to the prior consent decree holding it to be a company-dominated union. The company refused to recognize the right of the C. I. O. affiliate to bargain collectively for the Missouri plant, whereupon the board brought an unfair labor practice complaint against the company and, upon reaffirming its prior determination as to the appropriate unit, found the company guilty. The circuit court of appeals subsequently affirmed the board's decision. On certiorari to that court, held, that the company union had a sufficient hearing and the evidence excluded would not have materially affected the issue, and that the evidence was sufficient to establish the appropriateness of the employer-wide unit. Pittsburgh Plate Glass Co. v. National Labor Relations Board, (U.S. 1941) 61 S. Ct. 908.

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