Brooks v. NLRB

In Brooks v. NLRB, 348 U.S. 96, 75 S.Ct. 176, 99 L.Ed. 125 (1954), Mr. Justice Frankfurter considered an employer's claim that its refusal to bargain was justified by the union's apparent loss of majority during the certification year, and wrote: Although the Board may, if the facts warrant, revoke a certification or agree not to pursue a charge of unfair labor practice, these are matters for the Board; they do not justify employer self-help or judicial intervention. The underlying purpose of this statute is industrial peace. To allow employers to rely on employees' rights in refusing to bargain with the formally designated union is not conducive to that end, it is inimical to it. Congress has devised a formal mode for selection and rejection of bargaining agents and has fixed the spacing of elections, with a view of furthering industrial stability and with due regard of administrative prudence. 348 U.S. at 103, 75 S.Ct. at 181.