National Labor Relations Board v. Children's Baptist Home of Southern California

The National Labor Relations Board seeks enforcement of a bargaining order entered against the Children’s Baptist Home of Southern California. This case presents unique issues concerning the Board’s procedure and the exercise of its discretionary jurisdiction. We grant enforcement.

I

In November 1973, the American Federation of State, County and Municipal Employees (the Union) petitioned the National Labor Relations Board for certification as the collective bargaining representative of various employees of the Children’s Baptist Home of Southern California (the Home), a resident care center for emotionally disturbed children. In response to the petition, the Board conducted a hearing in order to determine whether or not it had jurisdiction over the matter and, if so, to create a factual record to aid the Board in the discharge of its duties. See National Labor Relations Act (NLRA) § 9(c), 29 U.S.C. § 159 (c).

As a result of the hearing, the Board, acting through its regional director, concluded that the labor dispute satisfied the Board’s statutory jurisdiction in that it presented a question “affecting commerce.” NLRA § 9(c), 29 U.S.C. § 159 (c). In addition, the regional…