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ALLENTOWN MACK SALES & SERVICE, INC. v. NLRB

No. 96-795.

522 U.S. 359 (1998)

ALLENTOWN MACK SALES & SERVICE, INC. v. NATIONAL LABOR RELATIONS BOARD

United States Supreme Court.

Decided January 26, 1998.

Attorney(s) appearing for the Case

Stephen D. Shawe argued the cause for petitioner. With him on the briefs were Earle K. Shawe and Eric Hemmendinger.

Jonathan E. Nuechterlein argued the cause for respondent. With him on the brief were Acting Solicitor General Dellinger, Deputy Solicitor General Wallace, Linda Sher, Norton J. Come, and John Emad Arbab.*

Scalia, J., delivered the opinion for a unanimous Court with respect to Part I, the opinion of the Court with respect to Part II, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined, and the opinion of the Court with respect to Parts III and IV, in which Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ., joined. Rehnquist, C. J., filed an opinion concurring in part and dissenting in part, in which O'Connor, Kennedy, and Thomas, JJ., joined, p. 380. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Stevens, Souter, and Ginsburg, JJ., joined, p. 388.

Justice Scalia, delivered the opinion of the Court.

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, Boardsupervised 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...

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