Legal Opinion

Allentown MacK Sales & Service, Inc. v. National Labor Relations Board

Supreme Court of the United States

Decided January 26, 1998No. 96-795PublishedCited by 571 opinions

1Opinion of the CourtJustice Scalia

Under longstanding precedent of the National Labor Relations Board, an employer who believes that an incumbent union no longer enjoys the support of a majority of its employees has three options: to request a formal, Board-supervised election, to withdraw recognition from the union and refuse to bargain, or to conduct an internal poll of employee support for the union. The Board has held that the latter two are unfair labor practices unless the employer can show that it had a “good-faith reasonable doubt” about the union’s majority support. We must decide whether the Board’s standard for…

2Cases cited16 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  4. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  5. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943

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3Cited by571 opinions

  1. Lindell Washington v. Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2018
  2. Barbara Combs v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2006
  3. Saidou Dia v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2003
  4. Perez v. Mortgage Bankers Assn.Supreme Court of the United States · 2015
  5. Loper Bright Enterprises v. RaimondoSupreme Court of the United States · 2024

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