Linden Lumber Division, Summer & Company v. National Labor Relations Board

PETITIONER: Linden Lumber Division, Summer & Company
RESPONDENT: National Labor Relations Board
LOCATION: Superior Court of Los Angeles County, CA

DOCKET NO.: 73-1231
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the District of Columbia Circuit

CITATION: 419 US 301 (1974)
ARGUED: Nov 18, 1974
DECIDED: Dec 23, 1974

ADVOCATES:
Lawrence M. Cohen - for Linden Lumber Division, Summer & Co
Laurence Stephen Gold - for respondent Unions
Norton J. Come - for the NLRB

Facts of the case

Question

Media for Linden Lumber Division, Summer & Company v. National Labor Relations Board

Audio Transcription for Oral Argument - November 18, 1974 in Linden Lumber Division, Summer & Company v. National Labor Relations Board

Audio Transcription for Opinion Announcement - December 23, 1974 in Linden Lumber Division, Summer & Company v. National Labor Relations Board

Warren E. Burger:

Mr. Justice Douglas will also announce the judgment -- opinion of the Court in 73-1231 and 1234, Linden Lumber Division against the Labor Board and the related case.

William O. Douglas:

These cases involve a question of elections under the National Labor Relations Act of when -- who has the obligation of going forward after an impasse has been reached.

In this case, the employer was not guilty of any unfair labor practice, entered into no agreement to settle it by means other than the election conducted by the board and there was a dispute as to whether or not the union represented the employees that it purported to represent.

We conclude that within the statutory system as we read it, at that junction the duty was on the labor union to ask for the board's action to invoke the power of the board to conduct an election.

Our reasons are elaborated in an opinion filed with the clerk.

Mr. Justice Stewart has filed a dissenting opinion in which Mr. Justice White, Mr. Justice Marshall, and Mr. Justice Powell joined.

Warren E. Burger:

Thank you Mr. Justice Douglas.