National Labor Relations Board v. Action Automotive, Inc.

Justice Stevens, with whom Justice Rehnquist and Justice O’Connor join,

dissenting.

In my opinion, bargaining unit determinations should be based on job characteristics and not on an employee’s opinion about unions. Antiunion sentiment may be based on religious views, political convictions, individual respect or hostility, or family considerations. If the characteristics of an employee’s job are the same as those of pro-union employees, that employee has the same right to membership in the bargaining unit as a union official or his wife.

The majority’s decision prevents the two employees…