Packard Co. v. Labor Board, 330 U.S. 485 (1947)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 330 U.S. 469, click here.

Packard Motor Car Co. v. National Labor Relations Board

No. 658

Argued January 9, 1947
Decided larch 10, 1947
330 U.S. 485

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. Foremen and other supervisory employees are entitled as a class to the rights of self-organization, collective bargaining, and other concerted activities assured to employees generally by the National Labor Relations Act. Pp. 488-490.

(a) They are "employees" within the meaning of § 2(3). P. 488.

(b) They are not excluded from the term "employees" by § 2(2) defining the term "employer." Pp. 488-490.

2. When a union of supervisory employees has been duly certified by the National Labor Relations Board as a bargaining representative, the Act requires the employer to bargain with it. P. 490.

3. Where, as in this case, a determination of the National Labor Relations Board under § 9(b) that a certain union is an appropriate bargaining representative does not exceed the Board’s authority, is supported by substantial evidence, and is not so arbitrary or unreasonable as to be illegal, it cannot be set aside by a court in an enforcement proceeding under § 10(e). Pp. 491-492.

4. Arguments as to the wisdom of permitting foremen to organize should be addressed to Congress, not to the courts. Pp. 490, 493.

157 F.2d 80 affirmed.

The Circuit Court of Appeals decreed enforcement of an order of the National Labor Relations Board requiring an employer to bargain with a union of foremen. 157 F.2d 80. This Court granted certiorari. 329 U.S. 707. Affirmed., p. 493.