Logourl black
From our private database of 14,100+ case briefs...

Bell Aerospace Co. v. National Labor Relations Board

United States Court of Appeals for the Second Circuit
475 F.2d 485 (1973)


Facts

Bell Aerospace Co. (Bell) (plaintiff) employed buyers to supply its factories. Bell’s buyers wished to unionize but could not, because buyers were considered managerial employees by the National Labor Relations Board (NLRB) (defendant). The NLRB had prohibited managerial employees from unionizing, deeming those employees too entwined with management to come within the protections of the National Labor Relations Act (NLRA). Under the Administrative Procedure Act (APA), 5 U.S.C. § 553, federal agencies could make new rules by a process called notice-and-comment rulemaking. Federal agencies could also informally make rules through adjudication, or the process of determining licenses and benefits on a case-by-case basis. In response to agitation to unionize by the buyers at Bell, the NLRB reversed its positions regarding the status of buyers and managerial employees. By way of adjudication, the NLRB determined that buyers were not managerial employees and that even managerial employees could, with certain limitations, unionize.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Friendly, C.J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. 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.

  2. 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 222,000 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.