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Excelsior Underwear, Inc.

National Labor Relations Board
156 N.L.R.B. 1236 (1966)


Facts

The Amalgamated Clothing Workers (Amalgamated), a labor union, sought certification as the bargaining representative of Excelsior Underwear’s (Excelsior) employees. Before the secret ballot election to determine whether the employees wanted to unionize, Excelsior mailed to its employees a letter discussing the company, the union, and the negative consequences Excelsior foresaw as a result of unionization. Amalgamate asked Excelsior for a list of employee names and addresses so it could respond to the letter. Excelsior refused. When the election ballots were tallied, only 35 of the 246 employees had voted in favor of unionization. Amalgamated challenged the result on the ground that it had been prevented from communicating with the employees prior to the election due to Excelsior’s refusal to supply it with an employee list. The National Labor Review Board (NLRB) considered the case.

Rule of Law

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Issue

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Holding and Reasoning

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  • 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.).

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