Local 900, International Union of Electrical Workers v. National Labor Relations Board (Gulton Electro-Voice, Inc.)
United States Court of Appeals for the District of Columbia Circuit
727 F.2d 1184 (D.C. Cir. 1984)
The collective-bargaining agreement (CBA) between Local 90, International Union of Electrical Workers and Gulton Electro-Voice, Inc. (collectively, defendants) gave union officers superseniority as to layoff and recall. In 1975, Gulton employees suggested limiting it to fewer officers, but the recording and financial secretaries still had superseniority although neither’s presence was necessary to resolving grievances. In 1980, granting the recording secretary superseniority meant Gulton laid off other employees. General counsel for the National Labor Relations Board (NLRB) brought charges against both the union and employer, alleging the superseniority provision unlawfully discriminated against employees based on union involvement. The administrative-law judge upheld the provision, but the NLRB unanimously reversed, applying a new presumption of legality only for superseniority provisions limited to layoff and recall of union officials whose on-the-job presence is necessary to administer the CBA. The union appealed, and the NLRB cross-petitioned for enforcement.
Rule of Law
Holding and Reasoning (McGowan, J.)
What to do next…
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 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
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.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 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.