Supreme Court of the United States

National Labor Relations Board v. A. J. Tower Co.

December 23, 1946329 U.S. 324

Summary

The Court held that the NLRB's policy barring post‑election challenges to voter eligibility is a permissible exercise of its statutory discretion and does not deprive it of jurisdiction, thus reversing the First Circuit and affirming the Board's order requiring the employer to bargain with the union.

Holding

  • Whether the NLRB may, under its statutory authority, adopt a rule prohibiting post‑election challenges to the eligibility of voters in a consent election. The NLRB’s policy barring post‑election challenges is a valid exercise of the discretion granted by the NLRA and may be applied to consent elections.
  • Whether the NLRB’s refusal to consider the employer’s post‑election challenge deprives the Board of jurisdiction to find an unfair‑labor‑practice violation. The Board retains jurisdiction to enforce the NLRA even when it applies a rule that precludes post‑election challenges to voter eligibility.

Docket 60

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