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American Federation of Labor v. Labor Board, 308 U.S. 401 (1940)

American Federation of Labor v. National Labor Relations Board

No. 70

Argued December 7, 8, 1939

Decided January 2, 1940

308 U.S. 401


1. A certification by the National Labor Relations Board, under § 9(c) of the National Labor Relations Act, that a particular organization of workers is the collective bargaining representative of the employees in a designated unit is not an order reviewable by the Court of Appeal for the District of Columbia or a Circuit Court of Appeals under § 10(f) of the Act. P. 308 U. S. 403.

2. The Act does not provide for court review of such certifications except as incidental to review of an order restraining an unfair labor practice under § 10. Pp. 308 U. S. 404, 308 U. S. 407.

The question whether an independent suit may be maintained in the District Court to set aside such a certification upon the ground that it is contrary to the statute and inflicts irreparable injury is not involved in this ease. P. 308 U. S. 412.

3. The due process clause is not infringed by withholding from federal courts jurisdiction which they never possessed. P. 308 U. S. 411.

70 App.D.C. 62, 103 F.2d 933, affirmed.

Certiorari, post, p. 531, to review a judgment dismissing for want of jurisdiction a petition to review the certification by the National Labor Relations Board of an organization of longshoremen as representative of workers.

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