Leedom v. Kyne, 358 U.S. 184 (1958)

Leedom v. Kyne

No. 14

Argued October 23, 1958
Decided December 15, 1958
358 U.S. 184

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

Section 9 (b)(1) of the National Labor Relations Act provides that, in determining the unit appropriate for collective bargaining purposes,

the Board shall not (1) decide that any unit is appropriate for such purposes if such unit includes both professional employees and employees who are not professional employees unless a majority of such professional employees vote for inclusion in such unit.

After refusing to take a vote among the professional employees of a labor organization to determine whether a majority of them would "vote for inclusion in such unit," the Board included both professional and nonprofessional employees in the bargaining unit that it found appropriate.

Held: a Federal District Court had jurisdiction of an original suit to set aside the Board’s determination because it was made in excess of the Board’s powers. Pp. 184-191 .

101 U.S.App.D.C. 398, 249 F.2d 490, affirmed.