Linden Lumber Division, Summer & Co. v. National Labor Relations Board

419 U.S. 301 (1974)

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Linden Lumber Division, Summer & Co. v. National Labor Relations Board

United States Supreme Court
419 U.S. 301 (1974)

  • Written by Rose VanHofwegen, JD
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Facts

Linden Lumber Division, Summer & Company (Linden) (defendant) refused to recognize a union that claimed it had authorization cards from a majority of Linden’s workers. The National Labor Relations Board (plaintiff) found that unless unfair labor practices impaired the election process, Linden could lawfully refuse to accept evidence of majority status other than board election results, like authorization cards or worker participation in a union-organized strike. The board also concluded that the union, not the employer, had to request an election. The appellate court disagreed, reasoning that Linden had to request an election. The Supreme Court consolidated Linden’s appeal with another that raised identical issues and granted review.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

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Casebooks

Employment Law

Labor Law

Key Terms

  • National Labor Relations Board (NLRB)An independent agency of the United States government created during the New Deal that is tasked with overseeing the fairness of labor practices and union elections. The NLRB’s jurisdiction is limited to employers in the private sector and the United States Postal Service.
  • National Labor Relations ActStatute passed in 1935 and enforced by the National Labor Relations Board that regulates how employers interact with labor unions. The National Labor Relations Act (NLRA) is also known as the Wagner Act.
  • Unfair Labor PracticeAny action prohibited by § 8 of the National Labor Relations Act, such as interfering with protected employee rights or discriminating based on union activity.

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