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

The Switchmen's Union (P) sued the National Mediation Board. P and another union, the Brotherhood, had disagreed about how yardmen should be classified for purposes of voting in a union election. The Mediation Board was asked to decide the dispute under Section 2 of the Ninth of the Railway Labor Act. The Board designated all the yardmen of the carriers as participants in the election. The election was held and the Brotherhood was elected as union representative. P sued the Board to have that determination canceled. The district court upheld the Board and the Court of Appeals affirmed. The Supreme Court granted certiorari.

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