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Magnesium Casting Company v. National Labor Relations Board

Court Documents

United States Supreme Court

401 U.S. 137

Magnesium Casting Company  v.  National Labor Relations Board

 Argued: Jan. 18-19, 1971. --- Decided: Feb 23, 1971

See 402 U.S. 925, 91 S.Ct. 1364.


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.

Louis Chandler, Boston, Mass., for petitioner.

Norton J. Come, Washington, D.C., for respondent.

Mr. Justice DOUGLAS delivered the opinion of the Court.


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).