Labor Law – National Labor Relations Act – Power of NLRB to Order Employer to Withhold Recognition from Assisted Union Until Union is Certified
The National Labor Relations Board found on complaint of a rival union that Bowman Transportation, Inc. had committed an unfair labor practice under section 8(a)(2) of the National Labor Relations Act as amended, by assisting District 50 of the United Mine Workers (UMW). The Board thereupon ordered Bowman to cease recognizing District 50 until such time as District 50 had been certified by NLRB as the employees’ bargaining representative, and to post notices accordingly. District 50 had not complied with the filing requirements of section 9(f, g and h) of the act, and consequently under the provisions of those sections could not expect to attain certification by the NLRB until compliance. The District of Columbia Circuit modified the order to provide an alternative to certification as a prerequisite to recognition. On certiorari to the United States Supreme Court, held, vacated and remanded to the NLRB. While the Board improperly required certification of the union on these facts, the court of appeals had no power to add an alternative to the order since this was in the discretion of NLRB. NLRB v. District 50; United Mine Workers of America and Bowman Transportation, Inc., 355 U.S. 453 (1958).