The Status of Foremen as "Employees" Under the National Labor Relations Act

Abstract

W HETHER foremen are "employees" under the National Labor Relations Act 1 awaits final determination by the Supreme Court. 2 Wider interest probably has been stirred by this controversy than by any similar labor relations question currently subject to judicial review.3 It affects the only broadly significant section of the Act which remains thus unsettled.4 Nature of the ProblemThe Court in 1937 upheld the power of Congress to legislate the right of "employees" to organize and engage in concerted action.'Since then a line of decisions has illuminated the meaning and application of many of the principal provisions of the Act as administered by the National Labor Relations Board.'However, the highest judicial tribunal * Member of the New York Bar. 1. 49 STAT.449 (1935), 29 U. S. C. § 151, et seq (1940).2. Matter of NLRB v. Packard Motor Car Co., 157 F. (2d) 80, 18 LAB.REL.RPP.Man.2268 (C.C. A. 6th, 1946).Petition for rehearing was denied by the Circuit Court on September 30, 1946, 18 LAB.REL.REP.Man.2432.Following original decision oi Aug. 12, 1946, the Packard Motor Car Company announced that if such rehearing was denied, the case would be taken to the Supreme Court.18 LAB.REt.REP.295 (1946).Such an appeal was filed with the

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