Boire v. Greyhound Corp., 376 U.S. 473 (1964)

Boire v. Greyhound Corporation

No. 77

Argued February 17, 1964
Decided March 23, 1964
376 U.S. 473

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

The National Labor Relations Board (NLRB) concluded, after hearing, that respondent and a firm under contract to clean and maintain certain bus terminals which respondent operated were joint employers of bus terminal maintenance employees who constituted an appropriate unit in which to hold a representation election pursuant to § 9(c) of the National Labor Relations Act. The NLRB ordered an election, but respondent filed suit to set aside the Board’s decision and enjoin the election. Concluding that the NLRB’s findings were legally insufficient to establish a joint employer relationship, and that the NLRB had exceeded its powers, the District Court granted the injunction, and the Court of Appeals affirmed.

Held: The NLRB’s orders in certification proceedings under § 9(c) of the Act are not final orders made reviewable by §§ 10(e) and (f). Leedom v. Kyne, 358 U.S. 184, distinguished. They can, however, become reviewable where an employer’s refusal to bargain with a certified unit results in an unfair labor act charge’s being brought, in which case § 9(d) of the Act indirectly provides for full judicial review of the underlying certification order. Pp. 474-482.

309 F.2d 397, reversed and remanded.