Public Control of Labor Relations: A Study of the National Labor Relations Board

By D. O. Bowman | Go to book overview

Chapter XII. COURT REVIEW OF BOARD CERTIFICATIONS

Section 9(c) of the Act provides that "the Board may investigate" controversies concerning representatives of employees, and as a result of the investigation (by election or other "suitable method") the Board certifies the bargaining representative. Section 9(d) provides that, in any order issued to prevent unfair labor practices based in part or in whole upon a representation finding, the representation finding becomes a part of the transcript of record.1 Thus, any decision by the circuit court of appeals presumably would include within its scope of review the investigation made by the Board to ascertain the bona fide representatives of the employees. It is specified that certification proceedings may be held in conjunction with proceedings to prevent unfair labor practices, or otherwise, but no mention whatever is made of court review of the representation certification except in conjunction with unfair labor practice cases where an order has been issued against the violator and there is petition in the courts for enforcement or review.

Section 10, which specifies with particularity the procedure for ehforcement and review of Board orders, has a subsection which states that "Any person aggrieved by a final order of the Board . . ." may obtain review.2 Since a "final order" is used only in unfair labor practice cases, the section provides no review for those representation certifications which involve no unfair labor practice proceedings. Both unfair labor practice and representation proceedings are brought in conjunction only in those cases where it is charged that an employer refused to bargain, for there

____________________
1
See Appendix I, Sections 9(c), 9(d), and 10(c), 10(f).
2
See Appendix I, Section 10 (f). Italics supplied. Also see Subsection (e).

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