Arthur Goldberg

“ The Court of Appeals here properly recognized this effect of § 9 (c) (5) , but held, in light of the unarticulated bases of decision, and what appeared to it to be inconsistent determinations approving units requested by the union, that the only conclusion that it could reach was that the Board has made the extent of organization the controlling factor, in violation of the congressional mandate. We agree with the Court of Appeals that the enforcing court should not overlook or ignore an evasion of the § 9 (c) (5) command. ”

“ On petition of Insurance Workers International Union, AFL CIO, and over the protest of respondent, Metropolitan Life Insurance Company, as to the appropriateness of the bargaining unit, the National Labor Relations Board, in a proceeding under § 9 (c) of the National Labor Relations Act, 49 Stat. 453, as amended, 29 U.S.C. § 159 (c) (1958 ed.) , certified the union as the bargaining representative of all debit insurance agents, including all canvassing regular and office account agents, at respondent's district office in Woonsocket, Rhode Island. ”

“ The Court of Appeals for the First Circuit refused to enforce the order on the grounds that in light of the 'Board's failure to articulate specific reasons for its unit determination,' 327 F.2d 906, 909, the Board's apparently inconsistent determinations of appropriate units of respondent's employees in other cities or regions, see 138 N.L.R.B. 565 (Delaware) ”