Bryant Chucking Grinder Company v. National Labor Relations Board

(dissenting) :

Under the peculiar circumstances of this case, I think a bargaining order, by imposing on petitioner's employees a form of representation concerning which a substantial majority has never had an opportunity to express a preference, disregards the employees’ § 7 rights, and undermines the most fundamental policies of the Act. Accordingly I dissent from its enforcement, and would order that a new election be held.

The Union lost an election at Bryant in 1959. When it opened its organizing campaign at petitioner’s plant in May of 1962, it immediately made known its purpose to sign…