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Administrative Law Keyed to Popper
National Labor Relations Board v. Bell Aerospace Co.
Citation:
416 U.S. 267 (1974)Facts
Bell Aerospace Company operated a plant in Wheatfield, New York, where it designed and fabricated aerospace products. In 1970, a union petitioned the NLRB for a representation election to represent the 25 buyers in the company’s purchasing department. The buyers had authority to select vendors, draft invitations to bid, evaluate bids, negotiate prices, and prepare purchase orders up to $50,000, though they needed approval for orders over $5,000. The company opposed the petition, arguing the buyers were “managerial employees” not covered by the Act. After the NLRB ruled that managerial employees were covered by the Act unless their duties created a conflict of interest in labor relations, the union won the election. The company refused to bargain, leading to unfair labor practice proceedings. The Second Circuit denied enforcement of the Board’s order, holding that all managerial employees were excluded from the Act and that the Board must use rulemaking to change its longstanding position.
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