Emerson Electric

The answer further alleged the conclusive effect of an arbitration held under the collective bargaining agreement existing between the employer and the union. In their reply, plaintiffs alleged that the arbitration award was void for various reasons (some of which we need not mention), including the assertion that the union and the employer used the arbitration as a “sham and artifice” to remove them from employment because they had been critical of “union policy”; and they further alleged “that the action of the regional director, Fourteenth region, National Labor Relations Board, was the result of bias and prejudice against these plaintiffs,” in that he failed and refused to hear evidence from them in support of their charges and only took the statement of one of them, (reciting certain facts which were supposedly thus ignored), and that plaintiffs were thereby deprived of valuable property rights, “without due process”; they denied that the “findings of the regional director are conclusive.” -Emerson Electric v. Edward Swope

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