William O. Douglas

“ If an election is directed and the union prevails, it is certified as the employees' bargaining representative. An employer who contests the election, including the unit determination, can only obtain court review under § 10 after an unfair labor practice charge has been made against him by the Board for refusing to bargain collectively 'with the representatives of his employees' as provided in § 8 (a) (5) .
In that review, however, the determination of the bargaining unit by the regional director need not be reviewed by the Board. ”

“ Petitioner argues that plenary review by the Board of the regional director's unit determination is necessary at some point. Historically, the representation issue once fully litigated in the representation proceeding could not be relitigated in an unfair labor practice proceeding. ”