National Labor Relations Board V. Smith Industries Inc‪.‬

The question for decision is whether the National Labor Relations Board erred in granting summary judgment against the employer in the company's challenge to a collective bargaining representation election at which the union prevailed, without affording a formal hearing on the employer's objections to the election, and whether the denial of the requested hearing constituted a deprivation of constitutional due process of law. We hold that the summary decision of the Board, without allowing the employer to present evidence at a formal hearing, was, under the circumstances of this case, a denial of due process of law.*fn1