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National Labor Relations Board v. Wyman-Gordon Co.

United States Supreme Court
394 U.S. 759 (1969)


The National Labor Relations Board (NLRB) (plaintiff) ordered an election among the production and maintenance employees at Wyman-Gordon Co. (Wyman) (defendant). The employees were to choose one of two labor unions to represent them or choose not to be represented by a union. The NLRB also ordered Wyman to give the unions a list of the names and addresses of employees eligible to vote. The order cited Excelsior Underwear Inc., an earlier NLRB decision in which the NLRB announced a rule that employers must furnish this information to unions. Wyman refused, and the election was held without the list. Both unions were defeated. The NLRB upheld the unions’ objections to the election because Wyman refused to furnish the list. The NLRB ordered a new election and ordered Wyman to furnish the list. Wyman again refused. The NLRB filed an action in the United States District Court for the District of Massachusetts to compel Wyman to furnish the list. The district court directed Wyman to comply. The United States Court of Appeals for the First Circuit reversed. It held that the order was invalid because it was based on the Excelsior rule, and the Excelsior rule had not been promulgated in accordance with the requirements for rulemaking in the Administrative Procedure Act (APA). The Supreme Court granted certiorari to resolve a split among the circuits regarding the validity of the Excelsior rule.

Rule of Law


Holding and Reasoning (Fortas, J.)

Concurrence (Black, J.)

Dissent (Douglas, J.)

Dissent (Harlan, J.)

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