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Bell Aerospace Co. v. National Labor Relations Board

United States Court of Appeals for the Second Circuit

475 F.2d 485 (1973)

Relevant factsFree

Buyers at Bell Aerospace Co. (plaintiff) wanted to unionize, but the National Labor Relations Board (NLRB) (defendant) had long classified buyers as managerial employees excluded from unionizing under the National Labor Relations Act. Rather than using the notice-and-comment rulemaking process available under the Administrative Procedure Act, the NLRB reversed course through adjudication in Bell's specific case, ruling both that buyers weren't managerial employees and that even managerial employees could unionize with some limits. Bell sought review of the NLRB's resulting bargaining order, and the NLRB cross-petitioned for enforcement.

IssueFree

Whether an administrative agency may make or reverse a far-reaching policy through case-by-case adjudication rather than formal notice-and-comment rulemaking.

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