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 at all. The NLRB also ordered Wyman to furnish the names and addresses of employees eligible to vote to the unions, citing the Excelsior case 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 NRLB 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 in this case was invalid because it was based on a rule laid down in the Excelsior case and the Excelsior rule had not been promulgated in accordance with the requirements for rulemaking in the Administrative Procedure Act. 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 (Harlan, 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.
Here's why 148,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,300 briefs, keyed to 182 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.