This section contains the nature of the case and procedural background.

Amalgamated Clothing Workers sought certification as the bargaining representative of Excelsior's Underwear's employees. During this campaign, Excelsior mailed its employees an eight-page letter warning of dire consequences and the course of events if the unions were selected as the employee's representative. The Union claimed that the letter contained material misrepresentations and asked that the company supply it with a list of employee addresses so that the union could respond to the company letter. The company refused. The union lost the election and asked that it be invalidated.

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