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U.S. Supreme Court

Inland Empire Council v. Millis, 325 U.S. 697 (1945)

Inland Empire District Council, Lumber

& Sawmill Workers Union v. Millis

No. 613

Argued February 26, 27, 1945

Decided June 11, 1945

325 U.S. 697


1. No showing having been made in this case that the National Labor Relations Board, in certifying a bargaining representative of employees pursuant to § 9(c) of the National Labor Relations Act, acted unlawfully either by noncompliance with statutory requirements or by denial of constitutional right, it is inappropriate to determine whether the Act bars judicial review of certification by an independent suit under § 24 of the Judicial Code. Pp. 325 U. S. 699-700.

2. The hearing afforded by the National Labor Relations Board in this certification proceeding pursuant to § 9(c) was "appropriate" within the meaning of that section, whether or not the proceedings prior to the election ordered by the Board were adequate, since the procedure upon rehearing after the election was adequate, and cured any defects which may have existed at earlier stages of the hearing. P. 325 U. S. 708.

3.Rules of the National Labor Relations Board applicable to proceedings under § 9(c) contemplate further hearings upon reconsideration before the final act of certification. P. 325 U. S. 709.

4. Due process does not require a hearing at the initial stage, or at any particular point, or at more than one point, in an administrative proceeding, but is satisfied if the requisite hearing is held before the final order becomes effective. P. 325 U. S. 710.

144 F.2d 539 affirmed. chanroblesvirtualawlibrary

Page 325 U. S. 698

Certiorari, 323 U.S. 703, to review the reversal of a judgment refusing to dismiss for want of jurisdiction a suit against members of the National Labor Relations Board to set aside a certification of a collective bargaining representative.

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