LABOR LAW -LOSS OF MAJORITY SUPPORT BY REPRESENTATIVE WITH WHOM EMPLOYER HAS BEEN ORDERED TO BARGAIN

Authors

Charles J. O' Laughlin, University of Michigan Law School

Abstract

The National Labor Relations Board found that the employer (respondent) had been guilty of unfair labor practices by interfering with the employees' right to unionize and by refusing to bargain collectively with the Pioneer Tobacco Workers' Local Industrial Union No. 55 when the latter had been designated as the bargaining agent by a majority of the employees in an appropriate bargaining unit. During the proceedings before the board a motion for leave to intervene was filed by an independent union claiming the support of a majority of the employees, but the motion was denied by the board. The board ordered the employer to desist from refusing to bargain collectively with Local 55 as the exclusive representative of the employees. Upon a petition for enforcement, the Circuit Court of Appeals for the Sixth Circuit upheld the findings of the board but required the board to conduct an election to determine whether Local 55 still had the support of a majority of the employees. Held, on appeal to the Supreme Court, the orders of the board should be enforced without the necessity of conducting an election. National Labor Relations Board v. P. Lorillard Co., 314 U.S. 512, 62 S. Ct. 397 (1942).

Recommended Citation

Charles J. O' Laughlin, LABOR LAW -LOSS OF MAJORITY SUPPORT BY REPRESENTATIVE WITH WHOM EMPLOYER HAS BEEN ORDERED TO BARGAIN, 40 Mich. L. Rev. 1255 (1942).
Available at: https://repository.law.umich.edu/mlr/vol40/iss8/16