National Labor Relations Board v. Raytheon Company

Richard G. Kleindienst, Deputy Atty. Gen. of United States, for petitioner.

Charles H. Resnick, Washington, D.C., for respondents.

Opinion of the Court by Mr. Justice MARSHALL, announced by Mr. Justice STEWART.

This case was brought here on certiorari by the National Labor Relations Board for review of the dismissal of its petition for enforcement of a cease-and-desist order forbidding certain conduct of the Raytheon Company found to be in violations of § 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158(a) (1).

After it lost a representation election conducted by the Board on February 4, 1965, the International Union of Electrical, Radio and Machine Workers, AFL-CIO, filed objections to the election and unfair labor practice charges, both based on pre-election misconduct of the company. On October 19, 1965, an unfair labor practice complaint issued alleging violations of § 8(a)(1). The proceedings on that charge were consolidated with the objections to the election case, and a hearing was held before a Trial Examiner. Thereafter, on October 5, 1966, the Board rendered its decision, ordering that a new election be held and that the company cease and desist certain anti-union activity.

On February 8, 1968, pursuant to § 10(e) of the Act, 29 U.S.C. § 160(e), the Board filed a petition in the Court of Appeals for the Ninth Circuit seeking enforcement of its unfair labor practice order. The company answered, urging that enforcement be denied on the merits and on the ground that the proceedings were moot because a second election had been held in the interim. After the case was briefed and argued on the merits, the company called to the attention of the court that yet a third election had been held and that this time the result (a majority vote for 'no union') had been certified by the Board. The question whether this intervening election had mooted the case was briefed on all sides; and, on the authority of its earlier decision in General Engineering, Inc. v. NLRB, 311 F.2d 570 (C.A.9th Cir. 1962), the Court of Appeals dismissed the proceedings with a brief per curiam. 408 F.2d 681 (C.A.9th Cir. 1969). We granted certiorari, 396 U.S. 900, 90 S.Ct. 215, 24 L.Ed.2d 177 (1969), and we reverse.