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LABOR BOARD v. BORG-WARNER CORP.

No. 53.

356 U.S. 342 (1958)

NATIONAL LABOR RELATIONS BOARD v. WOOSTER DIVISION OF BORG-WARNER CORP.

Supreme Court of United States.

Decided May 5, 1958.

Attorney(s) appearing for the Case

Dominick L. Manoli argued the cause for the National Labor Relations Board. With him on the brief were Solicitor General Rankin, Jerome D. Fenton, Stephen Leonard and Irving M. Herman.

James C. Davis argued the cause for the Wooster Division of Borg-Warner Corporation. With him on the brief was Robert W. Murphy.

Harold A. Cranefield and Lowell Goerlich filed a brief for the International Union, United Automobile, Aircraft & Agricultural Implement Workers of America (UAW-AFL-CIO), as amicus curiae.

MR. JUSTICE BURTON delivered the opinion of the Court.

In these cases an employer insisted that its collective-bargaining contract with certain of its employees include: (1) a "ballot" clause calling for a pre-strike secret vote of those employees (union and nonunion) as to the employer's last offer, and (2) a "recognition" clause which excluded, as a party to the contract, the International Union which had been certified by the National Labor Relations Board as the...

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