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Linden Lumber Division, Summer & Co. v. Nlrb, 419 U.S. 301 (1974)
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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.
Linden Lumber Division, Summer & Co. v. Nlrb, 419 U.S. 301 (1974)
Linden Lumber Division, Summer & Co. v. National Labor Relations Board No. 73-1231 Argued November 18, 1974 Decided December 23, 1974 * 419 U.S. 301
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
An employer who has not engaged in an unfair labor practice impairing the electoral process does not commit a violation of § 8(a)(5) of the National Labor Relations Act simply because he refuses to accept evidence of the union’s majority status other than the results of a Board election. At least in the absence of any agreement to permit majority status to be determined by means other than a Board election, a union that is refused recognition despite authorization cards or other such evidence purporting to show that it represents a majority of the employees has the burden of taking the next step and invoking the Board’s election procedure. Pp. 303-310.
159 U.S.App.D.C. 228, 487 li’.2d 1099, reversed.
DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, BLACKMUN, and REHNQUIST, JJ., joined. STEWART, J., filed a dissenting opinion, in which WHITE, MARSHALL, and POWELL, JJ., joined, post, p. 310.
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Chicago: U.S. Supreme Court, "Syllabus," Linden Lumber Division, Summer & Co. v. Nlrb, 419 U.S. 301 (1974) in 419 U.S. 301 419 U.S. 302. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=PINBM73TE5N9ZVD.
MLA: U.S. Supreme Court. "Syllabus." Linden Lumber Division, Summer & Co. v. Nlrb, 419 U.S. 301 (1974), in 419 U.S. 301, page 419 U.S. 302. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PINBM73TE5N9ZVD.
Harvard: U.S. Supreme Court, 'Syllabus' in Linden Lumber Division, Summer & Co. v. Nlrb, 419 U.S. 301 (1974). cited in 1974, 419 U.S. 301, pp.419 U.S. 302. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=PINBM73TE5N9ZVD.
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