Ford Motor Co. v. NLRB
Encyclopedia
Ford Motor Co. v. NLRB, 305 U.S. 364 (1939) is an 8-to-0 decision by the Supreme Court of the United States
which held that an administrative agency of the United States government, seeking enforcement of its orders, cannot withdraw its petition or the transcript of the administrative hearing once these have been submitted to the appropriate court. Whether the agency should be permitted to withdraw its petition is a decision for the court of appeals, the Supreme Court said.
After the passage of the National Labor Relations Act
(NLRA) in 1935, the National Labor Relations Board
(NLRB) found itself attempting to enforce the law against hundreds of employers, most of whom refused to acknowledge the constitutionality of the NLRA or obey the Board's orders. The Board's practice was have its Economic Division study the issues and report to the Board; order its attorneys in its Review Division to analyze the case and report to the Board; review the transcripts of the field office trial de novo; receive an oral report about the case from the trial examiner; and have the Chief Counsel's staff prepare a draft decision for Board consideration. But in Morgan v. United States, 298 U.S. 468 (1936) and Morgan v. United States, 304 U.S. 1 (1938), the Supreme Court held that parties in quasi-judicial hearings before the government had the right to be presented with the issues the government was considering, present the agency with a statement, review the proposed findings, review any tentative reports, and submit exceptions and argument to the agency before a final determination is made.
The NLRB had ruled against the Ford Motor Company
in a case involving strikebreaker
s. The agency had asked the United States Court of Appeals for the Sixth Circuit
to enforce its order, and had already submitted its trial transcripts and decision to the court. But now the NLRB worried that it might be found in violation of the Morgan rulings, which had come down after its submission to the court of appeals. The NLRB attempted to withdraw its transcripts, but the appellate court refused to turn them over.
First, the Supreme Court held that any decision to allow the agency to withdraw its petition was solely up to the discretion of the court. Second, the Court held that even if the court allowed the petition to be withdrawn, the court still was within its rights to retain the transcripts. Third, the Supreme Court held that the court of appeals had properly permitted the NLRB to withdraw its petition for enforcement so that proceedings could be properly conducted under the Morgan rules, but that the court of appeals still retained the authority to rule on any new petition (for enforcement or dismissal). Fourth, the court of appeals correctly held that it did not have to rule on all the aspects of the case, since the petition for enforcement was being withdrawn for further proceedings.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
which held that an administrative agency of the United States government, seeking enforcement of its orders, cannot withdraw its petition or the transcript of the administrative hearing once these have been submitted to the appropriate court. Whether the agency should be permitted to withdraw its petition is a decision for the court of appeals, the Supreme Court said.
After the passage of the National Labor Relations Act
National Labor Relations Act
The National Labor Relations Act or Wagner Act , is a 1935 United States federal law that limits the means with which employers may react to workers in the private sector who create labor unions , engage in collective bargaining, and take part in strikes and other forms of concerted activity in...
(NLRA) in 1935, the National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
(NLRB) found itself attempting to enforce the law against hundreds of employers, most of whom refused to acknowledge the constitutionality of the NLRA or obey the Board's orders. The Board's practice was have its Economic Division study the issues and report to the Board; order its attorneys in its Review Division to analyze the case and report to the Board; review the transcripts of the field office trial de novo; receive an oral report about the case from the trial examiner; and have the Chief Counsel's staff prepare a draft decision for Board consideration. But in Morgan v. United States, 298 U.S. 468 (1936) and Morgan v. United States, 304 U.S. 1 (1938), the Supreme Court held that parties in quasi-judicial hearings before the government had the right to be presented with the issues the government was considering, present the agency with a statement, review the proposed findings, review any tentative reports, and submit exceptions and argument to the agency before a final determination is made.
The NLRB had ruled against the Ford Motor Company
Ford Motor Company
Ford Motor Company is an American multinational automaker based in Dearborn, Michigan, a suburb of Detroit. The automaker was founded by Henry Ford and incorporated on June 16, 1903. In addition to the Ford and Lincoln brands, Ford also owns a small stake in Mazda in Japan and Aston Martin in the UK...
in a case involving strikebreaker
Strikebreaker
A strikebreaker is a person who works despite an ongoing strike. Strikebreakers are usually individuals who are not employed by the company prior to the trade union dispute, but rather hired prior to or during the strike to keep the organisation running...
s. The agency had asked the United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
to enforce its order, and had already submitted its trial transcripts and decision to the court. But now the NLRB worried that it might be found in violation of the Morgan rulings, which had come down after its submission to the court of appeals. The NLRB attempted to withdraw its transcripts, but the appellate court refused to turn them over.
First, the Supreme Court held that any decision to allow the agency to withdraw its petition was solely up to the discretion of the court. Second, the Court held that even if the court allowed the petition to be withdrawn, the court still was within its rights to retain the transcripts. Third, the Supreme Court held that the court of appeals had properly permitted the NLRB to withdraw its petition for enforcement so that proceedings could be properly conducted under the Morgan rules, but that the court of appeals still retained the authority to rule on any new petition (for enforcement or dismissal). Fourth, the court of appeals correctly held that it did not have to rule on all the aspects of the case, since the petition for enforcement was being withdrawn for further proceedings.