From our private database of 14,100+ case briefs...
Allentown Mack Sales & Service, Inc. v. National Labor Relations Board
United States Supreme Court
522 U.S. 359 (1998)
Mack Trucks, Inc. (Mack) announced its intention to sell a factory branch that employed a unionized work force. In response, a group of the branch’s managers formed Allentown Mack Sales & Service, Inc. (Allentown) (plaintiff). Allentown purchased the branch’s assets and began operating the factory independently. Allentown hired 32 of the branch’s former Mack employees, several of whom had made statements indicating a lack of employee support for the union. Following the acquisition, the union asked Allentown to recognize it as the employees’ union. Allentown declined, asserting uncertainty that the union had employee support. Allentown conducted a poll of employee support for the union. After losing the vote, the union filed a charge of unfair labor practice with the National Labor Relations Board (NLRB) (defendant). Relying on statements of seven of the 32 Allentown employees, an NLRB administrative law judge (ALJ) concluded that, as Mack’s successor in interest, Allentown had assumed Mack’s relationship to the union and had failed to demonstrate the objective reasonable doubt needed for a poll of employee support. The NLRB ordered Allentown to continue to recognize the union as the employees’ collective-bargaining representative. Allentown petitioned the United States Court of Appeals for the District of Columbia for review. The court of appeals affirmed the NLRB’s order. The United States Supreme Court granted certiorari to determine whether the NLRB’s fact-finding was supported by substantial evidence.
Rule of Law
Holding and Reasoning (Scalia, J.)
Concurrence/Dissent (Breyer, J.)
Concurrence/Dissent (Rehnquist, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.