Supreme Court of the United States
National Labor Relations Board v. A. J. Tower Co.
December 23, 1946329 U.S. 324
Summary
The Supreme Court reversed the First Circuit, holding that the National Labor Relations Board may lawfully prohibit post‑election challenges to voter eligibility and that such a policy does not deprive the Board of jurisdiction to find an unlawful refusal to bargain. The decision rests on the Board’s discretion to adopt procedural rules that ensure finality and protect the democratic process.
Holding
- Whether the NLRB’s policy prohibiting post‑election challenges to voter eligibility is permissible under the NLRA. The Board may lawfully adopt and enforce a policy prohibiting post‑election challenges to voter eligibility, and such a policy does not violate the NLRA
- Whether the Board’s refusal to consider the employer’s post‑election challenge deprives it of jurisdiction to find an unfair labor practice. The Board retains jurisdiction to find an unlawful refusal to bargain even when a post‑election challenge is barred
Docket 60
Cited authorities
- 49 Stat. 449,29