ALLENTOWN MACK SALES AND SERVICE V. NATIONAL LABOR RELATIONS BOARD
522 U.S. 359 (1998)
NATURE OF THE CASE: This was a dispute over whether the NLRB’s standard for employer
polling is rational and consistent with the National Labor Relations Act.
FACTS: Mack Trucks, Inc. had a factory branch in Allentown, Pa, whose service and parts
employees were represented by Lodge 724 of the IAMAW, AFL-CIO. Mack notified its managers in
May 1990 that it intended to sell the branch. Several of those managers formed, Allentown
Mack Sales & Service, Inc., which purchased the assets on December 10, 1990. They hired 32
of the original 45 Mack employees. During the period before and after the sale, employees
made statements that the union had lost support and eight of the employees indicated they no
longer supported the union in job interviews. The shop steward told them that it was his
feeling that the employees did not want a union and that it would lose any vote taken in the
new company. They were also told that the entire night shift did not want a union. Local 724
asked Mack to recognize its employees. They rejected the offer and claimed a good faith
doubt as to support for the union because they made a secret poll supervised by a Roman
Catholic priest and the union lost 19 to 13. The union then filed an unfair labor practice
charge with the NLRB. The Board concluded that Mack had not demonstrated a reasonable doubt
based on objective considerations as to the continued majority status after the transition.
They ordered Mack to recognize and negotiate. Eventually the Supreme Court granted
certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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