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NLRB v. CURTIN MATHESON SCIENTIFIC INC.

No. 88-1685.

494 U.S. 775 (1990)

110 S.Ct. 1542

108 L.Ed.2d 801

NATIONAL LABOR RELATIONS BOARD v. CURTIN MATHESON SCIENTIFIC, INC.

Supreme Court of United States.

Decided April 17, 1990

Attorney(s) appearing for the Case

Deputy Solicitor General Shapiro argued the cause for petitioner. With him on the briefs were Solicitor General Starr, Lawrence S. Robbins, Joseph E. DeSio, Robert E. Allen, Norton J. Come, Linda Sher, and Peter Winkler.

James V. Carroll III argued the cause for respondent. With him on the brief were Mark Schwartz, John B. Thomas, and Holly H. Williamson.*

JUSTICE MARSHALL delivered the opinion of the Court.

This case presents the question whether the National Labor Relations Board (NLRB or Board), in evaluating an employer's claim that it had a reasonable basis for doubting a union's majority support, must presume that striker replacements oppose the union. We hold that the Board acted within its discretion in refusing to adopt a presumption of replacement opposition to the union and therefore reverse the judgment...

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