Livingston Shirt Corp.
National Labor Relations Board
107 N.L.R.B. 400 (1953)

- Written by Sarah Hoffman, JD
Facts
The Amalgamated Clothing Workers of America (the Amalgamated) attempted to organize a union among the workers at Livingston Shirt Corporation (Livingston). A first election was scheduled. Before it was held, the president of Livingston gave an antiunion but noncoercive speech to gathered on-the-clock employees. The president denied two requests that Amalgamated representatives be given a similar opportunity to speak. The Amalgamated lost the vote, and the regional director set aside the election based on the doctrine in Bonwit Teller, Inc., 96 N.L.R.B. 608 (1951). Another election was scheduled, the president gave a similar speech, and the Amalgamated once again requested an opportunity to speak. Livingston’s reply is not documented, but the Amalgamated did not get an opportunity to speak before the election was held. The Amalgamated lost the vote again. The regional director set the election aside again based on the Bonwit Teller doctrine. The Amalgamated petitioned the National Labor Relations Board (NLRB) for review.
Rule of Law
Issue
Holding and Reasoning ()
Concurrence (Peterson, J.)
Dissent (Murdock, J.)
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