In re Labor Board, 304 U.S. 486 (1938), is a 5-to-2 decision by the Supreme Court of the United States which held that the National Labor Relations Act requires the filing of a petition and a transcript in order for an enforcement order to proceed in federal court, and that a writ of prohibition and writ of mandamus are appropriate measures to take in quashing a petition when no transcript has been filed.

[2] But in Morgan v. United States, 298 U.S. 468 (1936) and Morgan v. United States, 304 U.S. 1 (1938), the Supreme Court held that parties in quasi-judicial hearings before the government had the right to be presented with the issues the government was considering, present the agency with a statement, review the proposed findings, review any tentative reports, and submit exceptions and argument to the agency before a final determination is made.

[6] Republic Steel President Tom M. Girdler denounced the decision in a lengthy interview on the front-page of The New York Times the next day, and declared he would not obey it.

Relying on In re New York & Porto Rico Steamship Co., 155 U.S. 523 (1895) and Ex Parte Chicago, Rock Island & Pacific Railway Company, 255 U.S. 273 (1921), Butler held that writs of prohibition and mandamus were appropriate only when the lower court had no jurisdiction to hear a case.

[13] The majority's ruling was flawed, he said, because it would allow the NLRB to avoid judicial review of its orders simply by not filing transcripts.