nlrb
bell
aerospace
argued
january
decided
april
petition
labor
union
representation
election
national
labor
relations
board
nlrb
held
buyers
employed
respondent
company
constituted
appropriate
unit
directed
election
nlrb
stated
even
though
buyers
might
managerial
employees
nevertheless
covered
national
labor
relations
act
nlra
absence
showing
union
organization
buyers
create
conflict
interest
labor
relations
subsequently
buyers
voted
union
nlrb
certified
exclusive
bargaining
representative
company
refused
bargain
however
found
guilty
unfair
labor
practice
ordered
bargain
appeals
denied
enforcement
grounds
certain
nlrb
decision
rested
factual
determination
buyers
true
managerial
employees
rather
new
view
erroneous
holding
nlrb
free
regard
managerial
employees
covered
act
unless
duties
met
touchstone
view
previous
contrary
decisions
nlrb
required
proceed
rulemaking
rather
adjudication
determining
whether
buyers
managerial
employees
held
congress
intended
exclude
protections
nlra
employees
properly
classified
managerial
positions
susceptible
conflicts
interest
labor
relations
unmistakably
indicated
nlrb
early
decisions
purpose
legislative
history
amendments
nlra
nlrb
subsequent
construction
act
two
decades
decisions
courts
appeals
pp
nlrb
required
proceed
rulemaking
rather
adjudication
determining
whether
buyers
types
buyers
managerial
employees
pp
nlrb
precluded
announcing
new
principles
adjudicative
proceeding
choice
rulemaking
adjudication
initially
lies
within
nlrb
discretion
sec
chenery
nlrb
view
large
number
buyers
employed
manufacturing
wholesale
retail
units
wide
variety
buyers
duties
depending
company
industry
generalized
standard
marginal
utility
nlrb
thus
reason
proceed
caution
develop
standards
manner
attention
specific
character
buyers
authority
duties
company
powell
delivered
opinion
burger
douglas
blackmun
rehnquist
joined
white
filed
opinion
dissenting
part
brennan
stewart
marshall
joined
post
norton
come
argued
cause
petitioner
brief
solicitor
general
bork
peter
nash
john
irving
patrick
hardin
linda
sher
richard
moot
argued
cause
filed
brief
respondent
john
fillion
stephen
schlossberg
abe
levy
victor
van
bourg
charles
hackler
jack
levine
filed
brief
international
union
automobile
aerospace
agricultural
implement
workers
america
amicus
curiae
urging
reversal
milton
smith
gerard
smetana
jerry
kronenberg
filed
brief
chamber
commerce
amicus
curiae
justice
powell
delivered
opinion
case
presents
two
questions
first
whether
national
labor
relations
board
properly
determined
managerial
employees
except
whose
participation
labor
organization
create
conflict
interest
job
responsibilities
covered
national
labor
relations
act
second
whether
board
must
proceed
rulemaking
rather
adjudication
determining
whether
certain
buyers
managerial
employees
answer
questions
negative
respondent
bell
aerospace
division
textron
company
operates
plant
wheatfield
new
york
engaged
research
development
design
fabrication
aerospace
products
july
amalgamated
local
automobile
aerospace
agricultural
implement
workers
america
union
petitioned
national
labor
relations
board
board
representation
election
determine
whether
union
certified
bargaining
representative
buyers
purchasing
procurement
department
company
plant
company
opposed
petition
ground
buyers
managerial
employees
thus
covered
act
relevant
facts
adduced
representation
hearing
follows
purchasing
procurement
department
receives
requisition
orders
departments
plant
responsible
purchasing
company
needs
outside
suppliers
items
standardized
may
purchased
shelf
various
distributors
suppliers
items
must
made
company
specifications
requisition
orders
may
accompanied
detailed
blueprints
technical
plans
requisitions
often
designate
particular
vendor
instances
buyer
must
obtain
approval
selecting
different
one
vendor
specified
buyer
free
choose
one
absent
specific
instructions
contrary
buyers
full
discretion
without
dollar
limit
select
prospective
vendors
draft
invitations
bid
evaluate
submitted
bids
negotiate
price
terms
prepare
purchase
orders
buyers
execute
purchase
orders
may
place
cancel
orders
less
signature
commitments
excess
buyers
must
obtain
approval
superior
higher
levels
approval
required
purchase
cost
increases
minute
man
missile
project
represents
company
sales
purchase
decisions
made
team
personnel
engineering
quality
assurance
finance
manufacturing
departments
buyer
serves
team
chairman
signs
purchase
order
representative
pricing
negotiation
department
participates
working
terms
representation
hearing
regional
director
transferred
case
board
may
board
issued
decision
holding
company
buyers
constituted
appropriate
unit
purposes
collective
bargaining
directing
election
relying
recent
decision
north
arkansas
electric
cooperative
board
first
stated
even
though
company
buyers
might
managerial
employees
nevertheless
covered
act
entitled
protections
board
rejected
company
alternative
contention
representation
denied
buyers
authority
commit
company
credit
select
vendors
negotiate
purchase
prices
create
potential
conflict
interest
buyers
union
members
company
essence
company
argued
buyers
receptive
bids
union
contractors
also
influence
make
buy
decisions
favor
make
thus
creating
additional
work
sister
unions
plant
board
thought
however
possible
conflict
unsupported
conjecture
since
buyers
discretion
latitude
independent
action
must
take
place
within
confines
general
directions
employer
established
possible
temptation
allow
sympathy
sister
unions
influence
decisions
effectively
controlled
employer
june
representation
election
conducted
buyers
voted
union
nine
august
board
certified
union
exclusive
bargaining
representative
company
buyers
day
however
appeals
eighth
circuit
denied
enforcement
another
board
order
nlrb
north
arkansas
electric
cooperative
held
managerial
employees
covered
act
therefore
entitled
protections
encouraged
eighth
circuit
decision
company
moved
board
reconsideration
earlier
order
board
denied
motion
stating
disagreed
eighth
circuit
adhere
decision
north
arkansas
board
view
congress
intended
exclude
act
managerial
employees
associated
formulation
implementation
labor
relations
policies
case
fundamental
touchstone
whether
duties
responsibilities
managerial
employee
group
managerial
employees
include
determinations
made
free
conflict
interest
arise
person
involved
participating
member
labor
organization
ibid
turning
present
case
board
reiterated
prior
finding
company
shown
union
organization
buyers
create
conflict
interest
labor
relations
company
stood
contention
buyers
managerial
employees
covered
act
refused
bargain
union
unfair
labor
practice
complaint
resulted
board
finding
company
violated
act
order
compelling
company
bargain
union
subsequently
company
petitioned
appeals
second
circuit
review
order
board
enforcement
appeals
denied
enforcement
reviewing
legislative
history
act
stat
board
decisions
area
concluded
congress
intended
exclude
true
managerial
employees
protection
act
explained
exclusion
embraced
employee
closely
related
aligned
management
place
employee
position
conflict
interest
employer
one
hand
fellow
workers
also
one
formulating
determining
effectuating
employer
policies
discretion
independent
employer
established
policy
performance
duties
illinois
state
nlrb
cir
added
however
board
precluded
proper
proceedings
determining
buyers
types
buyers
true
managerial
employees
consequently
come
within
protection
ibid
turning
merits
present
case
acknowledged
substantial
evidence
company
buyers
sufficiently
high
managerial
hierarchy
constitute
true
managerial
employees
nevertheless
denied
enforcement
two
reasons
first
certain
board
decision
rested
factual
determination
buyers
true
managerial
employees
rather
new
view
erroneous
holding
free
regard
managerial
employees
covered
act
unless
duties
met
touchstone
second
although
board
precluded
holding
buyers
types
buyers
managerial
employees
thought
view
board
long
line
cases
holding
contrary
accomplish
change
position
adjudication
rather
board
conduct
rulemaking
proceeding
conformity
act
therefore
remanded
case
board
proceeding
granted
board
petition
certiorari
ii
begin
question
whether
managerial
employees
rather
positions
susceptible
conflicts
interest
labor
relations
excluded
protections
act
board
early
decisions
legislative
history
act
stat
subsequent
board
decisions
provide
necessary
guidance
inquiry
examining
authorities
draw
several
established
principles
statutory
construction
addition
importance
legislative
history
may
accord
great
weight
longstanding
interpretation
placed
statute
agency
charged
administration
especially
congress
statute
without
pertinent
change
circumstances
congressional
failure
revise
repeal
agency
interpretation
persuasive
evidence
interpretation
one
intended
congress
also
recognized
subsequent
legislation
declaring
intent
earlier
statute
entitled
significant
weight
application
principles
leads
us
conclude
appeals
congress
intended
exclude
protections
act
employees
properly
classified
managerial
wagner
act
stat
expressly
mention
term
managerial
employee
act
passage
however
board
developed
concept
managerial
employee
series
cases
involving
appropriateness
bargaining
units
first
cases
established
managerial
employees
included
unit
employees
freiz
sons
example
board
excluded
expediters
proposed
unit
production
maintenance
workers
closely
related
management
similarly
spicer
mfg
expediters
excluded
unit
containing
office
technical
clerical
professional
employees
authority
possessed
expediters
exercise
discretion
making
commitments
behalf
company
stamps
managerial
rationale
soon
applied
buyers
see
hudson
motor
car
vulcan
barrett
division
allied
chem
dye
electric
controller
mfg
board
summarized
policy
managerial
employees
ford
motor
customarily
excluded
bargaining
units
rank
file
workers
executive
employees
position
formulate
determine
effectuate
management
policies
employees
considered
still
deem
managerial
express
make
operative
decisions
management
say
however
buyers
expediters
denied
right
collective
bargaining
act
precise
relationship
buyers
expediters
management
determined
us
maryland
drydock
supra
subsequently
overruled
packard
motor
car
board
held
foremen
constitute
appropriate
unit
collective
bargaining
board
position
upheld
packard
nlrb
view
subsequent
legislative
reversal
packard
decision
dissenting
opinion
justice
douglas
especially
pertinent
stated
present
decision
tends
obliterate
line
management
labor
lends
sanctions
federal
law
unionization
levels
industrial
hierarchy
tends
emphasize
basic
opposing
forces
industry
management
labor
operating
group
one
hand
stockholder
bondholder
group
industrial
problem
defined
comes
contest
fair
division
gross
receipts
industry
two
groups
struggle
control
power
management
labor
becomes
secondary
growing
unity
common
demands
ownership
believe
exaggerated
statement
basic
policy
questions
underlie
present
decision
foremen
employees
within
meaning
national
labor
relations
act
managers
assistant
managers
superintendents
assistant
superintendents
indeed
payroll
company
including
president
commonly
referred
management
exception
directors
union
applied
recognition
collective
bargaining
agency
see
deny
yet
allow
present
application
managers
superintendents
foremen
unionized
management
labor
become
solid
phalanx
separate
factions
warring
camps
congress
enacted
national
labor
relations
act
mind
basic
change
industrial
philosophy
left
clear
unmistakable
trace
purpose
find
none
packard
decision
major
factor
bringing
act
stat
house
bill
sess
provided
exclusion
supervisors
category
broadly
defined
include
individual
authority
hire
transfer
promote
discharge
reward
discipline
employees
effectively
recommend
action
also
excluded
authority
determine
effectively
recommend
amount
wages
earned
employees
ii
employed
labor
relations
personnel
employment
departments
well
police
timestudy
personnel
iii
confidential
employees
senate
version
bill
sess
also
excluded
supervisors
defined
category
narrowly
house
version
distinguishing
straw
bosses
leadmen
men
minor
supervisory
employees
one
hand
supervisor
vested
genuine
management
prerogatives
right
hire
fire
discipline
make
effective
recommendations
respect
action
senate
view
employees
straw
bosses
minor
supervisory
duties
included
within
act
protections
significantly
house
report
senate
report
voiced
concern
board
broad
reading
term
employee
include
clearly
within
managerial
hierarchy
focusing
justice
douglas
dissent
packard
senate
report
specifically
mentioned
even
vice
presidents
might
unionized
board
decision
ibid
also
noted
unionization
supervisors
hurt
productivity
increased
accident
rate
upset
balance
power
collective
bargaining
tended
blur
line
management
labor
house
report
echoed
concern
reduction
industrial
output
noted
unionization
supervisors
deprived
employers
loyal
representations
entitled
criticizing
board
expansive
reading
act
definition
term
employees
house
report
noted
hen
congress
passed
labor
act
concerned
said
preamble
welfare
workers
wage
earners
boss
conference
committee
adopted
senate
version
bill
conf
house
managers
statement
explanation
conference
committee
report
stated
conference
agreement
definition
supervisor
limits
term
individuals
treated
supervisors
senate
amendment
case
persons
working
labor
relations
personnel
employment
departments
thought
necessary
make
specific
provision
done
house
bill
since
board
treated
presumably
continue
treat
persons
outside
scope
act
prevailing
board
practice
respect
people
confidential
secretaries
well
intention
conferees
alter
practice
respect
conference
agreement
treat
personnel
guards
supervisors
house
bill
since
however
employees
may
qualify
professional
personnel
special
provisions
senate
amendment
applicable
respect
professional
employees
cover
many
category
case
guards
conference
agreement
permit
certification
labor
organization
bargaining
representative
guards
admits
membership
affiliated
organization
admits
membership
employees
guards
congress
recognized
persons
much
clearly
managerial
inconceivable
board
treat
employees
surely
congress
supposed
confidential
secretaries
organized
bosses
words
congress
failed
enact
portion
justice
douglas
packard
dissent
relating
organization
executives
disagreed
deemed
unnecessary
omitted
following
passage
act
board
adhered
view
managerial
employees
outside
act
denver
dry
goods
assistant
buyers
required
set
good
sales
records
examples
sales
employees
assist
buyers
selection
merchandise
assume
buyer
duties
latter
present
excluded
board
ground
interests
employees
closely
identified
management
board
reiterated
reading
act
palace
laundry
dry
cleaning
determination
managerial
like
determination
supervisory
extent
necessarily
matter
degree
authority
exercised
past
passage
recent
amendments
act
recognized
defined
managerial
employees
executives
formulate
effectuate
management
policies
expressing
making
operative
decisions
employer
excluded
managerial
employees
bargaining
units
believe
act
amended
contemplates
continuance
practice
citations
omitted
employer
maintains
buyers
representatives
management
appears
buyers
authorized
make
substantial
purchases
employer
find
representatives
management
may
accorded
bargaining
rights
act
finally
swift
board
reaffirmed
understanding
scope
act
refusing
approve
unit
procurement
drivers
found
representative
management
board
declared
clear
intent
congress
exclude
coverage
act
individuals
allied
management
individuals
deemed
employees
purposes
act
accordingly
reaffirm
board
position
representatives
management
may
accorded
bargaining
rights
act
footnotes
omitted
board
exclusion
managerial
employees
defined
formulate
effectuate
management
polices
expressing
making
operative
decisions
employer
also
approved
courts
without
exception
see
westinghouse
electric
nlrb
cert
denied
illinois
state
nlrb
continental
insurance
nlrb
cert
denied
retail
clerks
international
assn
nlrb
app
burger
cert
denied
international
ladies
garment
workers
union
nlrb
marshall
nlrb
north
arkansas
electric
cooperative
eighth
circuit
reviewed
history
act
specifically
disapproved
board
departure
earlier
position
sum
board
early
decisions
purpose
legislative
history
act
board
subsequent
consistent
construction
act
two
decades
decisions
courts
appeals
point
unmistakably
conclusion
managerial
employees
covered
act
agree
appeals
board
free
read
new
restrictive
meaning
act
view
conclusion
case
must
remanded
permit
board
apply
proper
legal
standard
determining
status
buyers
sec
chenery
ftc
sperry
hutchinson
express
opinion
whether
buyers
fall
within
category
managerial
employees
iii
appeals
also
held
although
board
precluded
determining
buyers
types
buyers
managerial
employees
invoking
rulemaking
procedures
act
disagree
outset
precise
nature
present
issue
must
noted
question
whether
board
resorted
rulemaking
fact
improperly
promulgated
rule
context
prior
representation
proceeding
held
act
covers
managerial
employees
except
meeting
new
conflict
interest
labor
relations
touchstone
conclusion
board
applied
wrong
legal
standard
makes
consideration
issue
unnecessary
rather
present
question
whether
remand
board
must
invoke
rulemaking
procedures
determines
light
opinion
buyers
managerial
employees
act
appeals
thought
rulemaking
required
board
finding
company
buyers
managerial
contrary
prior
decisions
presumably
nature
general
rule
designed
fit
cases
times
similar
issue
presented
second
decision
sec
chenery
chenery
ii
respondent
corporation
argued
adjudicative
proceeding
commission
apply
general
standard
formulated
first
time
proceeding
rather
commission
required
resort
instead
rulemaking
procedures
desired
promulgate
new
standard
govern
future
conduct
rejecting
contention
first
noted
commission
statutory
duty
decide
issue
hand
light
proper
standards
duty
remained
regardless
whether
standards
previously
spelled
general
rule
regulation
continued
function
filling
interstices
securities
act
performed
much
possible
promulgation
rules
applied
future
rigid
requirement
effect
make
administrative
process
inflexible
incapable
dealing
many
specialized
problems
arise
every
principle
essential
effective
administration
statute
cast
immediately
mold
general
rule
principles
must
await
development
others
must
adjusted
meet
particular
unforeseeable
situations
performing
important
functions
respects
therefore
administrative
agency
must
equipped
act
either
general
rule
individual
order
insist
upon
one
form
action
exclusion
exalt
form
necessity
words
problems
may
arise
case
administrative
agency
reasonably
foresee
problems
must
solved
despite
absence
relevant
general
rule
agency
may
sufficient
experience
particular
problem
warrant
rigidifying
tentative
judgment
hard
fast
rule
problem
may
specialized
varying
nature
impossible
capture
within
boundaries
general
rule
situations
agency
must
retain
power
deal
problems
basis
administrative
process
effective
thus
definite
place
evolution
statutory
standards
emphasis
added
nlrb
upheld
board
order
enforcing
election
list
requirement
first
promulgated
earlier
adjudicative
proceeding
excelsior
underwear
plurality
opinion
justice
fortas
joined
chief
justice
justice
stewart
justice
white
recognized
djudicated
cases
may
serve
vehicles
formulation
agency
policies
applied
announced
therein
cases
generally
provide
guide
action
agency
may
expected
take
future
cases
nlrb
supra
concurring
opinion
justice
black
joined
justice
brennan
justice
marshall
also
noted
board
adjudicative
rulemaking
powers
choice
two
within
informed
discretion
views
expressed
chenery
ii
make
plain
board
precluded
announcing
new
principles
adjudicative
proceeding
choice
rulemaking
adjudication
lies
first
instance
within
board
discretion
although
may
situations
board
reliance
adjudication
amount
abuse
discretion
violation
act
nothing
present
case
justify
conclusion
indeed
ample
indication
adjudication
especially
appropriate
instant
context
appeals
noted
must
tens
thousands
manufacturing
wholesale
retail
units
employ
buyers
hundreds
thousands
latter
moreover
duties
buyers
vary
widely
depending
company
industry
doubtful
whether
generalized
standard
framed
marginal
utility
board
thus
reason
proceed
caution
developing
standards
manner
attention
specific
character
buyers
authority
duties
company
board
judgment
adjudication
best
serves
purpose
entitled
great
weight
possible
reliance
industry
board
past
decisions
respect
buyers
require
different
result
shown
adverse
consequences
ensuing
reliance
substantial
board
precluded
reconsidering
issue
adjudicative
proceeding
furthermore
case
new
liability
sought
imposed
individuals
past
actions
taken
reliance
board
pronouncements
fines
damages
involved
event
concern
consequences
largely
speculative
board
yet
finally
determined
whether
buyers
managerial
true
course
rulemaking
provide
board
forum
soliciting
informed
views
affected
industry
labor
embarking
new
course
surely
board
discretion
decide
adjudicative
procedures
case
may
also
produce
relevant
information
necessary
mature
fair
consideration
issues
immediately
affected
buyers
company
particular
case
accorded
full
opportunity
heard
board
makes
determination
judgment
appeals
therefore
affirmed
part
reversed
part
cause
remanded
directions
remand
board
proceedings
conformity
opinion
ordered
footnotes
opinion
revealed
board
member
jenkins
view
company
buyers
exercising
managerial
functions
therefore
considered
employees
act
extent
production
maintenance
employees
majority
board
however
apparently
accepted
company
contention
buyers
managerial
employees
mentioned
board
relied
north
arkansas
decision
present
case
eighth
circuit
earlier
opinion
concerning
related
issue
case
reported
section
act
defines
term
employee
follows
term
employee
shall
include
employee
shall
limited
employees
particular
employer
unless
subchapter
explicitly
otherwise
shall
include
individual
whose
work
ceased
consequence
connection
current
labor
dispute
unfair
labor
practice
obtained
regular
substantially
equivalent
employment
shall
include
individual
employed
agricultural
laborer
domestic
service
family
person
home
individual
employed
parent
spouse
individual
status
independent
contractor
individual
employed
supervisor
individual
employed
employer
subject
railway
labor
act
amended
time
time
person
employer
herein
defined
supervisory
employees
expressly
excluded
protections
act
term
defined
term
supervisor
means
individual
authority
interest
employer
hire
transfer
suspend
lay
recall
promote
discharge
assign
reward
discipline
employees
responsibility
direct
adjust
grievances
effectively
recommend
action
connection
foregoing
exercise
authority
merely
routine
clerical
nature
requires
use
independent
judgment
red
lion
broadcasting
fcc
zemel
rusk
udall
tallman
norwegian
nitrogen
zemel
rusk
supra
commissioner
noel
estate
nlrb
gullett
gin
helvering
reynolds
tobacco
norwegian
nitrogen
supra
zemel
rusk
supra
costanzo
tillinghast
midwest
oil
red
lion
broadcasting
fcc
supra
fha
darlington
section
house
bill
defined
term
supervisor
follows
term
supervisor
means
individual
authority
interest
employer
hire
transfer
suspend
lay
recall
promote
demote
discharge
assign
reward
discipline
individuals
employed
employer
adjust
grievances
effectively
recommend
action
ii
determine
make
effective
recommendations
respect
amount
wages
earned
individuals
employed
employer
apply
make
effective
recommendations
respect
application
factors
upon
basis
wages
individuals
employed
employer
determined
connection
foregoing
exercise
authority
merely
routine
clerical
nature
requires
exercise
independent
judgment
employed
labor
relations
personnel
employment
police
matters
connection
claims
matters
employees
employers
employed
act
respects
employer
dealing
individuals
employed
employer
employed
secure
furnish
employer
information
used
employer
connection
foregoing
nature
duties
given
employer
information
confidential
nature
available
public
competitors
employees
generally
use
interest
employer
section
senate
bill
contained
following
definition
term
supervisor
term
supervisor
means
individual
authority
interest
employer
hire
transfer
suspend
lay
recall
promote
discharge
assign
reward
discipline
employees
adjust
grievances
effectively
recommend
action
connection
foregoing
exercise
authority
merely
routine
clerical
nature
requires
use
independent
judgment
report
also
makes
evident
congress
concerned
possibility
conflict
interest
labor
relations
supervisors
unionized
supervisors
management
people
distinguished
work
demonstrated
ability
take
care
without
depending
upon
pressure
collective
action
one
forced
become
supervisors
abandoned
collective
security
rank
file
voluntarily
believed
opportunities
thus
opened
valuable
security
seems
wrong
wrong
subject
people
kind
demonstrated
initiative
ambition
ability
get
ahead
leveling
processes
seniority
uniformity
standardization
recognizes
fundamental
principles
unionism
case
national
labor
relations
board
wrong
foremen
discourages
things
made
foremen
first
place
reason
discourages
best
qualified
get
ahead
wrong
industry
particularly
future
strength
productivity
country
report
stated
reference
confidential
employees
people
receive
employers
information
confidential
also
available
public
competitors
employees
generally
people
qualify
confidential
employees
executives
excluded
act
event
board
normally
excludes
bargaining
units
confidential
clerks
secretaries
people
ibid
emphasis
added
ford
motor
board
narrowed
definition
confidential
employees
embrace
exercised
managerial
functions
field
labor
relations
discussion
confidential
employees
house
conference
committee
reports
however
unmistakably
refers
term
defined
house
bill
limited
labor
relations
thus
although
congress
may
misconstrued
recent
board
practice
clearly
thought
act
cover
confidential
employees
even
broad
definition
term
dissenting
opinion
first
asserts
act
plain
face
covers
employees
except
expressly
excluded
post
later
concedes
conference
committee
implied
certain
groups
employees
excluded
post
dissent
argues
managerial
employees
among
impliedly
excluded
explicit
direction
set
forth
ibid
overlooks
fact
case
confidential
employees
working
labor
relations
personnel
employment
departments
explicit
exclusionary
provision
necessary
board
never
approved
organization
managerial
employees
either
separate
unit
part
unit
indeed
every
prior
board
decision
resulted
exclusion
employees
managerial
moreover
denied
congress
thought
executives
excluded
act
house
report
stated
express
terms
see
supra
congressional
debates
along
senate
report
evinced
concern
possible
extension
act
cover
corporate
vice
presidents
executives
part
management
see
cong
rec
addition
dissent
completely
ignores
fundamental
change
industrial
philosophy
accomplished
unionization
managerial
employees
justice
douglas
explained
packard
dissent
wagner
act
designed
protect
laborers
workers
vice
presidents
others
clearly
within
managerial
hierarchy
extension
act
cover
true
managerial
employees
indeed
revolutionary
eviscerate
traditional
distinction
labor
management
congress
intended
result
drastic
unreasonable
expect
said
expressly
dissent
also
relies
upon
specific
inclusion
professional
employees
within
act
support
assertion
managerial
employees
similarly
treated
post
see
professional
employees
however
plainly
managerial
employees
conference
committee
report
explained
term
professional
employees
refers
persons
legal
engineering
scientific
medical
personnel
together
junior
professional
assistants
conf
contrast
managerial
employees
defined
terms
authority
formulate
determine
effectuate
management
policies
ford
motor
errata
comma
inserted
post
see
eastern
camera
photo
general
tel
ohio
cases
excluding
buyers
exercising
buyers
functions
units
legion
see
ed
foodland
springfield
albuquerque
acf
weaver
motors
kearney
trecker
temco
aircraft
federal
tel
radio
surprisingly
dissent
maintains
board
actually
held
twice
managerial
employees
covered
act
post
difficult
reconcile
undisputed
fact
decision
north
arkansas
board
never
even
certified
separate
unit
managerial
employees
stated
case
case
managerial
employees
accorded
bargaining
rights
act
palace
laundry
dry
cleaning
american
locomotive
swift
cases
cited
palace
laundry
dry
cleaning
supra
see
ford
motor
retail
clerks
international
assn
nlrb
supra
chief
justice
circuit
judge
burger
explained
board
policy
managerial
employees
board
also
excludes
protections
act
managerial
employees
formulate
determine
effectuate
employer
policies
discretion
performance
jobs
discretion
must
conform
employer
established
policy
eastern
camera
photo
store
managers
set
prices
managerial
rationale
board
policy
though
unarticulated
seems
reasonable
belief
congress
intended
exclude
protection
act
comprised
part
management
allied
theory
one
workers
needed
protection
emphasis
added
international
ladies
garment
workers
union
nlrb
supra
justice
circuit
judge
marshall
explained
lthough
act
makes
special
provision
managerial
employees
board
policy
long
duration
category
personnel
excluded
protection
act
contrary
interpretation
act
urged
dissent
results
although
shop
foreman
excluded
act
wide
range
executives
included
major
company
example
may
scores
executive
officers
formulate
effectuate
management
policies
yet
supervisory
responsibility
identifiable
conflict
interest
labor
relations
congress
intended
unionization
executives
certainly
made
design
plain
see
supra
board
ample
experience
defining
term
managerial
manner
think
act
contemplates
see
eastern
camera
photo
supra
course
specific
job
title
employees
involved
controlling
rather
question
whether
particular
employees
managerial
must
answered
terms
employees
actual
job
responsibilities
authority
relationship
management
sure
also
appropriate
board
exclude
employees
unit
ground
participation
labor
organization
create
conflict
interest
job
responsibilities
new
england
telephone
see
also
retail
clerks
international
assn
nlrb
app
respect
respondent
suggested
never
afforded
fair
notice
opportunity
introduce
evidence
relating
specifically
possibility
conflict
interest
labor
relations
tr
oral
arg
representation
hearing
hearing
officer
indicate
standard
relevant
respondent
proceeded
assumption
question
whether
buyers
managerial
employees
app
present
record
may
well
adequate
purposes
determination
however
new
relevant
information
point
tendered
remand
board
consider
reopening
record
purposes
admission
section
provides
board
shall
authority
time
time
make
amend
rescind
manner
prescribed
administrative
procedure
act
rules
regulations
may
necessary
carry
provisions
subchapter
administrative
procedure
act
apa
defines
rule
whole
part
agency
statement
general
particular
applicability
future
effect
designed
implement
interpret
prescribe
law
policy
rulemaking
requirements
include
publication
federal
register
notice
proposed
rulemaking
hearing
opportunity
interested
persons
participate
statement
basis
purpose
proposed
rule
publication
federal
register
rule
adopted
apa
defines
adjudication
agency
process
formulation
order
order
defined
whole
part
final
disposition
whether
affirmative
negative
injunctive
declaratory
form
agency
matter
rule
making
including
licensing
proceedings
certification
worker
representatives
exempted
act
procedural
requirements
adjudication
sections
national
labor
relations
act
nlra
empower
board
investigate
petitions
involving
questions
unit
representation
conduct
hearings
petitions
direct
representation
elections
certify
results
thereof
board
determinations
representation
questions
appear
constitute
orders
within
meaning
apa
see
nlra
specify
instances
board
must
resort
rulemaking
number
board
decisions
excluded
buyers
units
employees
see
supra
american
locomotive
swift
appear
cases
board
held
buyers
entitled
organize
separate
unit
chenery
ii
involve
apa
nevertheless
analogous
justice
white
justice
brennan
justice
stewart
justice
marshall
join
dissenting
part
concur
part
iii
opinion
insofar
holds
board
required
resort
rulemaking
deciding
case
dissent
holding
part
ii
managerial
employees
class
employees
within
meaning
national
labor
relations
act
section
act
provides
mployees
shall
right
form
join
assist
labor
organizations
bargain
collectively
representatives
choosing
section
makes
unfair
labor
practice
interfere
rights
guaranteed
unfair
practice
employer
refuse
bargain
collectively
representatives
employees
purposes
foregoing
sections
term
employee
defined
act
means
employee
employer
shall
include
individual
employed
agricultural
laborer
domestic
service
family
person
home
individual
employed
parent
spouse
individual
status
independent
contractor
individual
employed
supervisor
individual
employed
employer
subject
railway
labor
act
act
plain
face
employee
specified
exclusions
entitled
benefits
act
exclusions
narrow
precisely
defined
class
none
mentions
managerial
employees
supervisors
excluded
precise
definition
class
much
narrower
class
managerial
employees
provided
individual
authority
interest
employer
hire
transfer
suspend
lay
recall
promote
discharge
assign
reward
discipline
employees
responsibly
direct
adjust
grievances
effectively
recommend
action
connection
foregoing
exercise
authority
merely
routine
clerical
nature
requires
use
independent
judgment
congress
defined
special
subclass
professional
employees
special
skills
duties
involving
consistent
exercise
discretion
judgment
performance
work
employees
obviously
employees
purposes
act
investing
board
powers
necessary
decide
units
appropriate
collective
bargaining
provided
board
shall
hold
bargaining
unit
appropriate
unit
includes
professional
employees
employees
professional
employees
unless
majority
professional
employees
vote
inclusion
unit
apparent
seems
many
professional
employees
qualify
managerial
employees
yet
act
clearly
treats
employees
purposes
act
congress
assumed
full
organizational
bargaining
rights
unless
provided
otherwise
accordance
congressional
desires
hence
insofar
face
act
concerned
compared
exclusion
managerial
employees
present
ruling
board
excludes
managerial
employees
whose
work
may
involve
conflict
interest
permitted
bargain
collectively
far
narrower
exclusion
adhering
much
closely
rationale
supervisory
exclusion
apparent
intent
congress
nevertheless
holds
term
employee
may
construed
exclude
managerial
employees
also
must
construed
narrower
exclusion
said
addition
expressly
provided
satisfy
act
although
appear
difficult
questionable
feat
rewrite
statute
substantially
purports
find
license
result
legislative
history
amendments
act
read
light
previous
subsequent
board
decisions
true
exclusion
supervisors
definition
employees
first
occurred
respect
find
basis
history
amendments
read
light
prior
board
cases
concluding
congress
intended
exclude
managerial
employees
addition
supervisors
benefits
act
understand
decisions
board
time
prior
completely
excluded
broad
category
managerial
employees
class
employees
protected
act
concedes
board
cases
period
involved
exclusion
managerial
employees
bargaining
units
workers
board
statements
may
ambiguous
board
case
held
occasion
hold
managerial
employees
group
protected
act
acknowledges
board
one
decision
excluding
buyers
expediters
unit
office
clerical
employees
pointedly
expressed
caveat
say
however
buyers
expediters
denied
right
collective
bargaining
act
dravo
hudson
motor
car
board
excluded
buyers
bargaining
unit
office
clerical
employees
reason
given
exclusion
duties
closely
allied
management
differing
materially
clerical
employees
vulcan
board
excluded
buyer
production
maintenance
employees
unit
managerial
employee
accorded
bargaining
rights
ecause
responsibility
position
peculiar
relationship
management
view
fact
interests
apparently
different
production
maintenance
employees
line
board
decisions
addressed
question
whether
certain
managerial
employees
sufficient
community
interest
employees
included
bargaining
unit
board
exercising
power
designate
appropriate
bargaining
units
clear
board
time
held
managerial
employees
outside
scope
act
period
prior
amendments
board
position
respect
supervisors
class
vacillated
time
board
first
excluding
supervisors
units
recognizing
units
confined
supervisory
employees
refusing
recognize
bargaining
units
supervisors
finally
returning
earlier
rule
even
board
determined
short
period
supervisors
permitted
organize
either
employees
separate
units
never
went
far
hold
supervisors
employees
act
understanding
board
position
packard
nlrb
case
prompted
congress
go
board
ever
gone
exclude
supervisors
entirely
category
employees
accorded
bargaining
rights
act
maryland
drydock
board
longer
convinced
mere
determination
supervisor
employee
follows
supervisors
may
constitute
appropriate
bargaining
units
benefits
supervisory
employees
might
achieve
certified
units
outweighed
dangers
inherent
commingling
management
employee
functions
also
possible
restrictive
effect
upon
organizational
freedom
rank
file
employees
shortly
thereafter
board
faced
claim
employer
foremen
employees
within
meaning
act
address
possible
ground
decision
held
instead
persuaded
factors
militating
establishment
units
supervisory
employees
set
forth
maryland
drydock
case
obviated
circumstance
union
seeking
represent
employees
independent
unaffiliated
union
general
motors
moreover
board
held
soss
mfg
bargaining
unit
supervisory
employees
might
appropriate
supervisor
like
employees
nonetheless
protected
unfair
labor
practice
conclude
supervisors
employees
supervisory
status
force
remove
employee
protection
section
act
ultimately
packard
cases
board
reverted
earlier
rule
bargaining
units
supervisors
entitled
recognition
act
long
included
members
congress
undertook
amend
act
following
decision
packard
upholding
board
inclusion
supervisors
employees
act
acting
light
renewed
board
policy
permit
supervisory
employees
organize
separate
units
mantle
act
protection
enduring
board
policy
exclude
supervisors
statutory
definition
employees
policy
excluded
managerial
employees
units
never
denied
right
establish
separate
bargaining
units
placed
outside
act
definition
employee
amendments
adopted
congress
light
pattern
board
practice
clearly
intended
away
packard
decision
approving
board
authority
grant
recognition
unions
supervisors
house
senate
proposed
exclude
supervisors
individuals
defined
employees
purposes
act
senate
definition
supervisor
limited
individuals
authority
employer
interest
take
recommend
action
involving
employment
employees
exercise
authority
required
use
independent
judgment
proposed
house
definition
also
identified
excluded
supervisors
determine
effectively
recommend
wages
paid
employees
employees
responsibility
area
labor
relations
personnel
employment
police
matters
confidential
employees
neither
proposals
sought
exclude
express
terms
entire
category
managerial
employees
position
formulate
determine
effectuate
management
policies
beyond
area
labor
relations
whether
defining
persons
supervisors
proposing
separate
exclusion
managerial
employees
step
easily
taken
congress
intended
exclude
individuals
protection
act
despite
fact
board
recently
considered
whether
certain
employees
denied
organizational
rights
either
supervisory
separately
job
responsibilities
involved
exercise
managerial
discretion
see
ford
motor
electric
controller
mfg
one
expect
congress
intended
eliminate
board
authority
accord
bargaining
rights
managerial
employees
well
supervisors
said
particularly
board
practice
treated
two
categories
separately
differently
fill
gap
referring
house
managers
statement
accompanying
conference
committee
report
explaining
adoption
narrower
senate
definition
excluded
supervisors
report
indeed
instructive
indicates
even
clearly
opinion
congress
contemplate
exclusion
managerial
employees
coverage
act
conference
agreement
definition
supervisor
limits
term
individuals
treated
supervisors
senate
amendment
case
persons
working
labor
relations
personnel
employment
departments
thought
necessary
make
specific
provision
done
house
bill
since
board
treated
presumably
continue
treat
persons
outside
scope
act
prevailing
board
practice
respect
people
confidential
employees
well
intention
conferees
alter
practice
respect
conference
agreement
treat
personnel
guards
supervisors
house
bill
since
however
employees
may
qualify
professional
personnel
special
provisions
senate
amendment
applicable
respect
professional
employees
cover
many
category
case
guards
conference
agreement
permit
certification
labor
organization
bargaining
representative
guards
admits
membership
affiliated
organization
admits
membership
employees
guards
provision
dealing
certification
bargaining
units
guards
dealt
section
conference
agreement
conf
house
managers
statement
accompanying
conference
committee
report
explains
act
amended
expressly
exclude
labor
relations
confidential
employees
coverage
act
already
prevailing
board
practice
exclude
employees
entirely
accurate
representation
board
practice
seemed
hold
employees
included
bargaining
units
necessarily
protections
act
see
murray
ohio
mfg
ford
motor
even
accepting
house
managers
statement
authoritative
direction
workers
considered
employees
within
meaning
follow
groups
employees
regarding
explicit
direction
set
forth
board
treated
manner
also
intended
excluded
statement
implied
certain
groups
employees
excluded
also
noted
timestudy
personnel
qualify
professional
employees
therefore
organize
units
majority
approved
guards
wholly
excluded
act
restricted
units
composed
solely
guards
given
congress
made
specific
provision
timestudy
plant
protection
employees
entitled
bargaining
rights
expressed
desire
exclude
labor
relations
confidential
employees
thought
board
previously
held
outside
act
reason
suppose
congressional
silence
special
provisions
whether
inclusion
exclusion
intended
respect
categories
employees
argued
absence
express
treatment
managerial
employees
congress
somehow
intended
codify
prior
board
practice
unavoidable
fact
board
decisions
held
managerial
employees
unprotected
act
excluded
bargaining
units
moreover
indication
legislative
history
congress
might
perceived
board
rule
respect
managerial
employees
class
position
much
advanced
passing
references
house
report
floor
debates
cites
ante
nn
assumption
executives
excluded
act
apart
whether
confidential
employees
discussion
supervisors
representatives
management
amendments
sought
exclude
none
cited
passages
category
managerial
employees
board
defined
ever
addressed
focus
remarks
clearly
directed
exclusion
supervisors
defined
proposed
amendments
perhaps
clear
congress
confidential
secretary
superior
excluded
act
individual
either
confidential
employee
supervisor
referred
nothing
debates
congressional
materials
category
managerial
employees
distinguished
class
supervisory
employees
distinction
board
previously
drawn
discussed
finally
consider
amendments
intending
enact
views
dissenting
justices
packard
noted
dissent
interpreted
national
labor
relations
act
put
employer
category
acted
management
formulating
also
executing
labor
policies
emphasis
supplied
see
also
limiting
exclusion
managerial
employees
charged
formulation
implementation
labor
relations
policies
board
done
case
us
entirely
consistent
view
purposes
act
senate
report
noted
concern
changing
law
respect
supervisory
employees
constructed
packard
balance
power
process
upset
successful
efforts
labor
organizations
invoke
wagner
act
covering
supervisory
personnel
traditionally
regarded
part
management
organizations
composed
subservient
unions
men
hired
supervise
see
also
cong
rec
employee
may
deemed
managerial
nature
duties
apart
supervision
employees
however
reason
suppose
union
affiliation
least
separate
units
raise
labor
relations
concern
following
amendments
board
continued
hold
frequently
held
buyers
others
managerial
interests
excluded
bargaining
units
employees
denver
dry
goods
palace
laundry
dry
cleaning
denton
wise
smith
westinghouse
electric
american
locomotive
board
rejecting
inclusion
buyers
office
clerical
employees
unit
placement
separate
bargaining
unit
said
appears
buyers
authorized
make
substantial
purchases
employer
find
representatives
management
may
accorded
bargaining
rights
act
reliance
statement
placed
wise
smith
case
westinghouse
electric
case
involved
appropriateness
placing
managerial
employees
particular
bargaining
unit
swift
board
held
proposed
unit
procurement
drivers
accorded
bargaining
rights
even
separate
unit
board
flatly
asserted
clear
intent
congress
exclude
coverage
act
individuals
allied
management
sole
support
statement
board
repudiated
reference
statutory
definitions
employee
employer
conference
committee
report
explanation
term
supervisors
quoted
reprinted
congressional
record
board
thereafter
continued
exclude
managerial
employees
bargaining
units
employees
occasionally
citing
swift
copeland
refrigeration
frequently
excluding
managerial
employees
particular
units
without
citing
case
suggesting
excluded
workers
protected
employees
mack
trucks
diana
shop
federal
tel
radio
kearney
trecker
weaver
motors
eastern
camera
photo
board
overruled
swift
north
arkansas
electric
cooperative
thus
actually
held
twice
managerial
employees
afforded
protection
act
support
conclusion
without
persuasive
appeal
true
course
board
held
contrary
either
various
courts
appeals
interpreted
deferred
board
position
one
total
exclusion
managerial
employees
scope
act
although
none
cases
conclusion
necessary
result
reached
board
rejected
broad
exclusion
question
whether
current
view
sustained
board
refuses
follow
prior
precedents
reason
overturn
frequently
sustained
board
decisions
overruling
prior
interpretations
act
golden
state
bottling
nlrb
packard
nlrb
face
act
events
demonstrate
board
present
decision
permissible
construction
statute
congress
amended
statute
expressly
impliedly
enact
approve
statutory
interpretation
announced
swift
co
amendments
dealt
secondary
boycotts
picketing
cited
nothing
suggesting
attention
congress
time
directed
focused
question
whether
managerial
employees
covered
excluded
statute
congressional
silence
imply
legislative
approval
board
rulings
theretofore
made
noted
boys
markets
retail
clerks
union
overruled
sinclair
refining
atkinson
agree
conclusive
weight
accorded
failure
congress
respond
sinclair
theory
congressional
silence
interpreted
acceptance
decision
cautioned
best
treacherous
find
congressional
silence
alone
adoption
controlling
rule
law
girouard
therefore
absence
persuasive
circumstances
evidencing
clear
design
congressional
inaction
taken
acceptance
sinclair
mere
silence
congress
sufficient
reason
refusing
consider
decision
board
decisions
area
established
cohesive
precise
pattern
rulings
often
difficult
tell
whether
individual
decision
based
propriety
excluding
certain
employees
particular
bargaining
unit
whether
worker
consideration
thought
outside
scope
act
consistently
said
accept
board
determination
whether
particular
individual
employee
act
determination
warrant
record
reasonable
basis
law
nlrb
hearst
publications
nlrb
insurance
reason
hamstring
board
deny
broad
category
employees
protections
act
neither
statutory
language
legislative
history
requires
simply
board
one
time
interpreted
act
erroneously
seems
exclude
managerial
well
supervisory
employees
respectfully
dissent
board
held
supervisory
employees
may
organize
independent
union
union
collieries
coal
affiliated
union
godchaux
sugars
held
unit
appropriate
organization
supervisory
employees
maryland
drydock
boeing
aircraft
murray
america
general
motors
case
young
spring
wire
jones
laughlin
steel
california
packing
board
earlier
conclusions
progressive
boldness
shown
union
collieries
godchaux
sugars
cases
none
series
cases
board
hold
supervisors
employees
see
soss
manufacturing
majority
argues
explicit
exclusionary
provision
necessary
board
never
approved
organization
managerial
employees
either
separate
unit
part
unit
ante
dispute
however
board
never
disapproved
organization
either
admits
board
stated
dravo
excluding
buyers
clerical
employees
unit
mean
say
denied
bargaining
rights
act
board
held
managerial
employees
excluded
prior
congress
address
class
managerial
employees
term
reference
board
definition
therefore
justification
excluding
statutory
designation
employee
entire
class
board
previously
excluded
congress
expressly
deal
amendments
act
legislative
materials
surrounding
adoption
congress
intended
exclude
managerial
employees
said
something
since
took
great
pains
discuss
supervisors
labor
relations
confidential
plant
protection
employees
majority
expresses
concern
extending
organizational
bargaining
rights
managerial
employees
permit
extension
act
vice
presidents
high
level
executives
thereby
blurring
distinction
management
labor
concern
overblown
executives
obviously
super
supervisors
confidential
employees
professionals
within
board
definition
employees
whose
organization
result
conflict
interest
respect
company
labor
policies
remaining
executives
outside
categories
also
excluded
board
told
exclude
particular
group
rather
exclude
managerial
class
reach
vertically
laterally
deny
hundreds
thousands
buyers
relatively
management
employees
organizational
benefits
protections
act
otherwise
available
employee
argue
majority
congress
intended
include
managerial
employees
said
expressly
ignores
fact
act
covers
employee
burden
properly
falls
exclude
managerial
employees
demonstrate
intent
congress
exclude
category
legislated
directly
exclude
supervisory
employees