Harlan F. Stone

“ The effect of the certification, as petitioner alleges, is the inclusion in single unit for bargaining purposes, of all of the longshore employees of the members of the employer associations doing business at the west coast ports of the United States, and to designate the C.I.O. affiliate as their bargaining representative so that in the case of some particular employers, their workers who are not organized or represented by the C.I.O. affiliate have been deprived of opportunity to secure bargaining representatives of their own choice. ”

“ By the provisions of the Wagner Act the Board is given two principal functions to perform. One, defined by § 9, which as enacted is headed 'Representatives And Elections', is the certification, after appropriate investigation and hearing, of the name or names of representatives, for collective bargaining, of an appropriate unit of employees. ”

“ Obstacles to elections.-Under Public Resolution 44, any attempt by the Government to conduct an election of representatives may be contested ab initio in the courts, although such election is in reality merely a preliminary determination of fact. ”

“ The question will ordinarily arise as between two or more bona fide organizations competing to represent the employees, but the authority granted here is broad enough to take in the not infrequent case where only one such organized group is pressing for recognition, and its claim of representation is challenged.' H.Rep. No. 1147, Committee on Labor, 74th Cong., 1st Sess., p. ”

“ And this review would include within its scope the action of the Board in determining the appropriate unit for purposes of the election. This provides a complete guarantee against arbitrary action by the Board.' Sen.Rep. 573, Committee on Education and Labor, 74th Cong., 1st Sess., p. 14.↑ Congress apparently recognized that representation proceedings under § 9 (c) might involve rival unions. The House Committee said: 'Section 9 (c) makes provisions for elections to be conducted by the Board or its agents or agencies to ascertain the representatives of employees. ”