647 F.2d 859 (8th Cir. 1981), 80-1634, Windsor Woodworking, Inc. v. N.L.R.B.

Docket Nº:80-1634.
Citation:647 F.2d 859
Party Name:WINDSOR WOODWORKING, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.
Case Date:May 08, 1981
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 859

647 F.2d 859 (8th Cir. 1981)

WINDSOR WOODWORKING, INC., Petitioner,

v.

NATIONAL LABOR RELATIONS BOARD, Respondent.

No. 80-1634.

United States Court of Appeals, Eighth Circuit

May 8, 1981

Submitted April 14, 1981.

Page 860

P. L. Nymann, Jacobs, Gaul, Nymann & Green, Sioux City, Iowa, for Windsor Woodworking Inc., petitioner.

Paul E. Bateman, National Labor Relations Board, Washington, D. C., William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy General Counsel, Robert E. Allen, Acting Associate General Counsel, Elliott Moore, Deputy Associate General Counsel, National Labor Relations Board, for respondent.

Before LAY, Chief Judge, ROSS, Circuit Judge, and VAN PELT, District Judge. [*]

ROSS, Circuit Judge.

In this case Windsor Woodworking, Inc. (Windsor) of Des Moines, Iowa, petitions this court for review of orders of the National Labor Relations Board (NLRB or Board) dated May 5, 1980, and June 23, 1980, ordering Windsor to bargain collectively with Local Lodge No. 1513, International Association of Machinists and Aerospace Workers, AFL-CIO (union). NLRB has cross-applied for enforcement of its orders. We grant enforcement and deny the petition for review.

A representation election was held on December 22, 1978, involving employees of Windsor. Of the 57 votes cast, 12 were challenged. The vote, excluding the challenged ballots, was 25 for the union and 20 against the union. The Board ordered 5 of the votes counted which resulted in a 25-25 tie. The Board then ordered a hearing on whether the other 7 challenged ballots should be counted. These 7 votes had been cast by individuals who had been "let go" by Windsor. The hearing was held on April 17, 1979. On August 7, 1979, the Board adopted the recommendation of the hearing officer that the 7 votes be counted. The recommendation was based on a factual finding that these seven individuals had a reasonable expectation of returning to work. Windsor claimed they had no such reasonable expectation, but the Board held to the contrary. Following certification of the union, the company refused to bargain. The Board granted the General Counsel's motion for summary judgment on an unfair labor practice complaint and a bargaining order was issued.

  1. Petitioner's claims

    In this appeal Windsor urges that the Board erred for the following reasons:

    1. A year earlier five employees had...

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