Linden Lumber Division, Summer & Co. v. National Labor Relations Board
United States Supreme Court
419 U.S. 301 (1974)
- Written by Rose VanHofwegen, JD
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.)
What to do next…
Here's why 783,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 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.
