National Labor Relations Board v. Curtin Matheson Scientific, Inc.

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 of the Court of Appeals.

I

Upon certification by the NLRB as the exclusive bargaining agent for a unit of employees, a union enjoys an irrebutta*778ble presumption of majority support for…