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BROOKS v. LABOR BOARD

No. 21.

348 U.S. 96 (1954)

75 S.Ct. 176

99 L.Ed. 125

BROOKS v. NATIONAL LABOR RELATIONS BOARD.

Supreme Court of United States.

Decided December 6, 1954.

Attorney(s) appearing for the Case

Erwin Lerten argued the cause for petitioner. With him on the brief were Frederick A. Potruch and Henry S. Fraser.

David P. Findling argued the cause for respondent. With him on the brief were Solicitor General Sobeloff, George J. Bott, Dominick L. Manoli, Fannie M. Boyls and William J. Avrutis.

Henry S. Fraser filed a brief for the Genesee Foundry Co., Inc., as amicus curiae, urging reversal.

A brief of amici curiae urging affirmance was filed by J. Albert Woll and Herbert S. Thatcher for the American Federation of Labor, and Arthur J. Goldberg and David E. Feller for the Congress of Industrial Organizations.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

The National Labor Relations Board conducted a representation election in petitioner's Chrysler-Plymouth agency on April 12, 1951. District Lodge No. 727, International Association of Machinists, won by a vote of eight to five, and the Labor Board certified it as the exclusive bargaining representative on April 20. A week after the election and the day before the certification, petitioner received a handwritten...

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