NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
RENNER PLUMBING, HEATING & AIR CONDITIONING, INC., RESPONDENT

4th Cir. | 1971-02-08
No. 14630
437 F.2d 893 United States Court of Appeals for the Fourth Circuit (1971) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the Board's order to bargain should be enforced because the company's unfair labor practices dissipated the union's majority and made a fair election unlikely.


Facts & Procedural History

The Union obtained authorization cards from a majority of employees, but the Company won a representation election. The Board invalidated the election…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM:

PER CURIAM:

The Union obtained signed authorization cards 1 from a majority of the employees in the appropriate bargaining unit and a representation election was won by the Company. The Union filed unfair labor practice charges and the Board invalidated the election, ordering the Company to bargain with the Union. The Board, after reconsidering the case in light of NLRB v. Gissel Packing Co., 395 U.S. 575, 89 S.Ct. 1918, 23 L.Ed.2d 547 (1969), issued a supplemental order in which it again ordered the Company to bargain with the Union. This supplemental order was based upon the Board’s finding that the Company’s unfair labor practices had dissipated the Union’s majority and rendered a fair or coercion-free rerun election unlikely.

The unfair labor practices as found by the Board were in the nature of interference, restraint, and coercion. The unfair conduct consisted of the intimation of additional benefits if the Union were rejected by the employees, and, if the Union won the election, the loss by employees of present benefits, such as “shop time,” coffee breaks, double time on night shifts, free transportation to out-of-town jobs, and the substantial loss by the Company of the business of a then regular customer and the consequent curtailment of available work to the employees.

Upon the authority of Gissel Packing Co., supra, and the Supreme Court’s disposition of the companion cases considered therein, we find substantial support for the Board’s conclusion that the unfair labor practices rendered unlikely a fair rerun election. Consequently the order to bargain should be enforced.

Enforcement granted.

. The authorization cards were dear and unambiguous, each stating that the signer-authorized the Union to represent the employee for collective bargaining purposes. The Union made a demand that the Company bargain and offered to have the cards checked by a disinterested person. The Company simply refused to bargain and the Union then filed a petition for a representation election.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw