American Bridge Division, U.S. Steel Corp. v. N. L. R. B

In American Bridge Division, U.S. Steel Corp. v. N. L. R. B., 457 F.2d 660 (3d Cir. 1972), the election in which a majority of the members of a local voted to affiliate with the United Steelworkers was riddled with procedural irregularities: the election was held without secret ballots; those conducting the election had no membership list to insure that only one ballot was handed out to each person; and the election was conducted without providing the local's membership sufficient time for debate. Moreover, the subsequent affiliation bound the local to a national constitution which provided for national union control over collective bargaining negotiations, finances and strike calls. Therefore, the court found a "change in the fulcrum of union control and representation" which threatened " 'the overriding policy of the Act . . . in favor of the interest in employees to be represented by a representative of their own choosing for the purposes of collective bargaining . . . .' " 457 F.2d at 664-665 (quoting from N. L. R. B. v. Western & Southern Life Insurance Co., 391 F.2d 119, 123 (3d Cir. 1968)).