Magnesium Casting Company v. National Labor Relations Board

United States Supreme Court

401 U.S. 137

Magnesium Casting Co.  v.  National Labor Relations Board

Certiorari to the United States Court of Appeals for the First Circuit

No. 370.  Argued: January 18-19, 1971 --- Decided: February 23, 1971

Following a unit determination hearing, the National Labor Relations Board (NLRB) regional director concluded that three individuals were employees rather than supervisors and thus includible in the proposed bargaining unit at petitioner company's plant. The NLRB denied petitioner's request for review. Following an election, the regional director certified the union as the exclusive bargaining representative. Subsequently, the NLRB upheld a finding that petitioner's refusal to bargain constituted an unfair labor practice. Petitioner moved for reconsideration on the ground that the NLRB was required to give plenary review to the regional director's representation determination before issuing an unfair labor practice order based on that determination. The motion was denied and the Court of Appeals enforced the NLRB's order.

Held: Under § 3 (b) of the National Labor Relations Act the NLRB is permitted to delegate to the regional director its authority to determine the appropriate bargaining unit, and plenary review by the NLRB of such determination is not mandatory. Pp. 141-143.

427 F. 2d 114, affirmed.

DOUGLAS, J., delivered the opinion for a unanimous Court.

Louis Chandler argued the cause for petitioner. With him on the brief was Jerome H. Somers.

Norton J. Come argued the cause for respondent. With him on the brief were Solicitor General Griswold, Wm. Terry Bray, Arnold Ordman, and Dominick L. Manoli.

Briefs of amici curiae urging reversal were filed by Jerry Kronenberg and Alan Raywid for the Terminal Freight Cooperative Association, and by William L. Dennis for Olson Bodies, Inc.

Briefs of amici curiae urging affirmance were filed by Bernard Kleiman, Elliot Bredhoff, Michael H. Gottesman, and George H. Cohen for the United Steelworkers of America, AFL-CIO, and by Benjamin Rubenstein for International Union, U.A.W.

Notes