Action Automotive, Inc., a retail auto parts and gasoline dealer, had stores in a number of Michigan cities. In March 2003, Local 40 of the Retail Store Employees Union filed a petition for a representation election. The union got a plurality of the unchallenged votes. But the challenged ballots could have made the difference.

The union challenged the ballots of the wife of the company’s co-owner/president, who worked as a general ledger clerk at the company’s headquarters, and of the mother of the three owner/ brothers, who worked as a cashier in one of the nine stores. The company argued that since neither received any special benefits, neither should be excluded from the employee unit or denied her vote.

The case reached the U.S. Supreme Court.What arguments could you make to the Court for the union’s view? For the company’s view? See NLRB v.

Action Automotive, Inc. [469 U.S. 970 (1985)].