Whitney v. Employment Division

Petitioner, an employee of the respondent, was discharged by it for misconduct and insubordination in refusing to obey an order not to attend a union meeting for the reason that he had been classified by it as a "supervisory employee.” He appealed to the Employment Relations Board (ERB), which affirmed the dismissal. He then appealed to the Court of Appeals, which dismissed that appeal upon the ground that petitioner was "properly discharged” because ERB "has determined that the order petitioner disobeyed was correctly given” in that ERB has subsequently held, in another proceeding, that…