The Oyez Project: Unions Issues - Union Representatives Decisions

Bureau Of Alcohol, Tobacco & Firearms v. FLRA

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Garment Workers v. Quality Mfg. Co.

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Labor Board v. Cabot Carbon Co.

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Labor Board v. Coca-Cola Bot. Co.

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Landers v. National Railroad Passenger Corp.

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NASA v. FLRA

May an investigator employed in NASA's Office of Inspector General be considered a "representative" of NASA when examining a NASA employee, such that the right to union representation in the Federal Service Labor-Management Relations Statute may be invoked?

Yes. In a 5-4 opinion delivered by Justice John Paul Stevens, the Court held that an investigator from NASA's Office of Inspector General is a "representative" of NASA when conducting an employee examination covered by the Federal Service Labor-Management Relations Statute, such that the right to union representation in the FSLMRS may be invoked. Justice Stevens, writing for the Court, declared: "[E]mploying ordinary tools of statutory construction...we have no difficulty concluding that [the law] is not limited to agency investigators representing an entity that collectively bargains with the employee's union." Justice Thomas, joined by Justices Rehnquist, O'Connor, and Scalia, dissented, citing the independence guaranteed Inspectors General by the Inspector General Act as reason for investigators not representing management with the meaning of the FSLMRS.

National Labor Relations Board v. Town & Country Electric, Inc.

Does a worker qualify as an "employee" under the National Labor Relations Act if, while he is working, he is simultaneously paid by a union to help the union organize a company?

Yes. In a unanimous decision written by Justice Stephen Breyer, the Supreme Court ruled for the Board and held that individuals can meet the definition of employee even if they are paid by a union to organize a non-union company while on company payroll. The Court found this result consistent with the language and purpose of the Act as well as the dictionary definition of "employee." The Court also reasoned that the language of the Act seemed to specifically take into account the possibility of workers who are paid union organizers.

NLRB v. Weingarten, Inc.

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United States v. Ryan

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