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United States Supreme Court


No. 21

Argued: November 10, 1958    Decided: November 24, 1958

Dismissal by the National Labor Relations Board of petitioners' representation petition, on the sole ground of the Board's long-established policy of not asserting jurisdiction over the hotel industry as a class, was beyond the Board's power.

101 U.S. App. D.C. 414, 249 F.2d 506, reversed and case remanded.

J. W. Brown argued the cause for petitioners. With him on the brief were Ben Gettler and Jonas B. Katz.

Dominick L. Manoli argued the cause for respondents. With him on the brief were Solicitor General Rankin, Jerome D. Fenton and Thomas J. McDermott.

Thomas F. Daly and Charles W. Merritt filed a brief for the American Hotel Association, as amicus curiae, urging affirmance.


We believe that dismissal of the representation petition on the sole ground of the Board's "long standing policy not to exercise jurisdiction over the hotel industry" as a class, is contrary to the principles expressed in Office Employes v. Labor Board, 353 U.S. 313, 318 -320 (1957). The judgment is therefore reversed and the case remanded to the Court of Appeals for proceedings not inconsistent herewith. [358 U.S. 99, 100]  

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