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Magnesium Casting Co. v. Nlrb, 401 U.S. 137 (1971)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Magnesium Casting Co. v. Nlrb, 401 U.S. 137 (1971)
Magnesium Casting Co. v. National Labor Relations Board No. 370 Argued January 119, 1971 Decided February 23, 1971 401 U.S. 137
CERTIORARI TO THE UNITED STATES COURT OF APPEAL
FOR THE FIRST CIRCUIT
Syllabus
Following a unit determination hearing, the National Labor Relations Board (NLRB) regional director concluded that three individuals were employees, rather than supervisors, and thus includible in the proposed bargaining unit at petitioner company’s plant. The NLRB denied petitioner’s request for review. Following an election, the regional director certified the union as the exclusive bargaining representative. Subsequently, the NLRB upheld a finding that petitioner’s refusal to bargain constituted an unfair labor practice. Petitioner moved for reconsideration on the ground that the NLRB was required to give plenary review to the regional director’s representation determination before issuing an unfair labor practice order based on that determination. The motion was denied, and the Court of Appeals enforced the NLRB’s order.
Held: Under § 3(b) of the National Labor Relations Act, the NLRB is permitted to delegate to the regional director its authority to determine the appropriate bargaining unit, and plenary review by the NLRB of such determination is not mandatory. Pp. 141-143.
427 F.2d 114, affirmed.
DOUGLAS, J., delivered the opinion for a unanimous Court.
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Chicago: U.S. Supreme Court, "Syllabus," Magnesium Casting Co. v. Nlrb, 401 U.S. 137 (1971) in 401 U.S. 137 401 U.S. 138. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=HBU6TRQ3PWIIVM1.
MLA: U.S. Supreme Court. "Syllabus." Magnesium Casting Co. v. Nlrb, 401 U.S. 137 (1971), in 401 U.S. 137, page 401 U.S. 138. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HBU6TRQ3PWIIVM1.
Harvard: U.S. Supreme Court, 'Syllabus' in Magnesium Casting Co. v. Nlrb, 401 U.S. 137 (1971). cited in 1971, 401 U.S. 137, pp.401 U.S. 138. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=HBU6TRQ3PWIIVM1.
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