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Administrative Law Keyed to Popper
National Labor Relations Board v. Wyman-Gordon Co.
Citation:
394 U.S. 759 (1969)Facts
In connection with a representation election at Wyman-Gordon Company, the NLRB ordered the company to furnish a list of names and addresses of eligible employees to unions participating in the election. The NLRB based this order on its earlier decision in Excelsior Underwear Inc., where it had announced that employers would be required to provide such lists in future elections. Wyman-Gordon refused to comply, arguing that the Excelsior requirement was invalid because it had not been promulgated in accordance with the rulemaking procedures of the Administrative Procedure Act. The Excelsior rule had been announced in a previous adjudicatory proceeding but was made applicable only to future cases, not to the parties in the Excelsior case itself. The NLRB had invited amici curiae to participate in the Excelsior proceeding but did not follow formal rulemaking procedures such as publication in the Federal Register.
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