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This case concerns the inclusion of nonprofessional employees in a bargaining unit with professional employees without their consent, in violation of Section 9(b)(1) of the National Labor Relations Act. The National Labor Relations Board (NLRB) included both types of employees in the unit without taking a vote. The Buffalo Section, Westinghouse Engineers Association, Engineers and Scientists of America sought certification as the exclusive collective bargaining agent for nonsupervisory professional employees of Westinghouse Electric Corporation at its Cheektowaga plant. The NLRB denied the request for a vote among the professional employees and included the nonprofessional employees in the unit. The trial court found that the Board acted in excess of its powers and disobeyed the express command of § 9 (b)(1) to the injury of the professional employees. The court had jurisdiction to grant the relief prayed and entered judgment setting aside the Board's determination of the bargaining unit, the election, and the Board's certification. The Board argued that the District Court lacked jurisdiction to hear the case, but the Court of Appeals disagreed and upheld the District Court's decision. The Supreme Court granted certiorari to address the issue of whether a Federal District Court has jurisdiction over an original suit to prevent the deprivation of a right guaranteed by Congress, apart from the review provisions of the National Labor Relations Act (NLRA). The Court held that a Federal District Court has jurisdiction over an original suit to prevent the deprivation of such a right.
Justice Brennan's dissenting opinion, supported by Justice Frankfurter, argues that Congress intended to limit judicial review of National Labor Relations Board representation certifications to the Courts of Appeals under specific circumstances outlined in § 9 (d), 29 U.S.C. § 159 (d). However, the Supreme Court's decision to allow claims of "unlawful action" under 28 U.S.C. § 1337 creates a significant loophole in the congressional wall against direct resort to the courts. This decision will lead to increased litigation and delay in collective bargaining, which goes against the purpose of the LMRA. The Court's decision is a major setback for national labor policy goals, and new language is needed from Congress to express a clear will.
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