TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

160 Twenty-sixth Annual Report of the National Labor Relations Board
of the Seventh Circuit, the Court stated, "The refusal of the Court of
Appeals to enforce that order because the Boaid's notices of election
contained a minor and unconfusmg mistake in the employer's corporate
name, was plain error It was well within the Board's province to
find, as it did, upon the recoid before it that this occurrence had not
affected the fairness of the representation election, particularly in the
absence of any contrary showing by the employer, upon whom the
burden of pi oof rested in this respect That finding should have been
accepted by the Court of Appeals In the absence of proof by the
employer that there has been prejudice to the fairness of the election
such trivial ii regularities of administrative procedure do not affoid a
basis for denying enforcement to an otherwise valid Board order."
In the companion Celanese case,35 the Seventh Circuit had set aside a
representation election 36 because the prevailing union had made a misstatement
of fact during the election campaign, wheie the Board had
found that the employees could adequately evaluate the error, if any,
and thus were not misled." After rendering its decision m Mattsson,
the Supreme Court granted the Board's petition for certiorari in
Celanese, vacated the judgment below, and remanded the case to the
Seventh Circuit "for consideration in the light of" Matt2son38
85 1 1LRB v Celanese Corporation of America., 305 U S 297
se 279 F 2d 204 Twenty-fifth Annual Report. pp 142-143
37 121 NLRB 303
38 On remand, the Seventh Circuit adhered to its original decision and declined to enforce
the Board's order See 291 F 2d 224 The Board's second petition for certiorari was
denied Dec 4,1901,368 Er S 929