National Labor Relations Board v. Bell Aerospace Co.

416 U.S. 267 (1974)

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Nature of the Case

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Facts

On July 30, 1970, Amalgamated Local No. 1286 petitioned the NLRB for a representative election to determine if the Union would be certified as the bargaining representative of the 25 buyers in the purchasing and procurement department in Bell Aerospace's (P) plant in Wheatfield, New York. P opposed the petition because the employees were managerial employees and thus were not covered by the Act. A hearing was held, and the case was eventually transferred to the Board (D) wherein it issued its decision that the buyers were subject to collective bargaining and then ordered the election held. The Board relied upon its recent decision in North Arkansas Electric Cooperative that even though the company's buyers might be managerial employees, they were nonetheless covered by the provisions of the Act. The election was held, and the Union won and was certified by D. On that same day, the Court of Appeals 8th Circuit denied enforcement of North Arkansas and held that managerial employees were not subject to the Act. P then moved the Board for reconsideration, and it refused to change its decision. P then refused to bargain with the buyers. The Board then ordered P to bargain with the Union. P petitioned the Court of Appeals 2nd Circuit. They denied enforcement. The Supreme Court granted certiorari.