Alson Mfg. Aerospace Div. of Alson Industries, Inc. v. N.L.R.B., 74-2625
| Decision Date | 15 September 1975 |
| Docket Number | No. 74-2625,74-2625 |
| Citation | 523 F.2d 470 |
| Parties | 90 L.R.R.M. (BNA) 2520, 77 Lab.Cas. P 11,090 ALSON MFG. AEROSPACE DIV. OF ALSON INDUSTRIES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Thomas P. Burke (argued), Los Angeles, Cal., for petitioner.
Frank Morris, Atty. (argued), NLRB, Region 21, Los Angeles, Cal., for respondent.
Before CHAMBERS and GOODWIN, Circuit Judges, and TAYLOR, * District Judge.
This matter is before this Court on the petition of Alson Manufacturing Aerospace Division of Alson Industries, Inc. (Alson) for review of decisions of the National Labor Relations Board (N.L.R.B. or Board) denying a new election, refusing to order a hearing and denying Alson's motions for reconsideration, and on the cross-petition of N.L.R.B. for enforcement of its unfair labor practice order issued against Alson.
The International Union, United Automobile Aerospace and Agricultural Implement Workers of America (U.A.W.), Local 509 (Union) filed a petition with Region 21 of the N.L.R.B. for a representation election in a collective bargaining unit consisting of all production and maintenance employees of Alson's factory in Gardena, California. Pursuant to the stipulation of Alson and the Union, the election was held on June 28, 1973. A majority of the votes cast were in favor of the Union.
Alson timely filed its objections to conduct affecting the result of the election. As requested by a regional director of N.L.R.B., for evidence in support of the objections, counsel for Alson forwarded five affidavits of Alson employees in support of the objections and furnished the names of three additional employees as witnesses to the events mentioned in the affidavits. Without holding any evidentiary hearing, the regional director recommended that each and all of the objections be overruled by the N.L.R.B.
Alson filed exceptions to the director's report and a brief in support thereof. In its exceptions, Alson requested the N.L.R.B. to review and set aside the election or, alternatively, to order a hearing to resolve the factual issues raised in its objections. The N.L.R.B. summarily rejected the request. Alson then refused to bargain with Local 509 of the Union and Local 509 filed an unfair labor practice charge against Alson. Region 21 issued a complaint and notice of hearing. Alson answered and affirmatively raised its earlier objections and exceptions.
The unfair labor practice proceedings were transferred to the N.L.R.B. On a motion for summary judgment, made by the Board's counsel and resisted by Alson, the N.L.R.B. held that Alson was attempting "to relitigate issues, including the requirement of a hearing, that have been litigated in the underlying representation case" and granted the motion.
Prior to learning of the decision on the motion for summary judgment, Alson moved to reopen the representation election proceedings on the ground that the N.L.R.B. failed to comply with the statutory quorum requirements in § 3(b) of the National Labor Relations Act, 29 U.S.C. § 153(b). Subsequent to learning of the decision on the motion for summary judgment, Alson's counsel resubmitted the motion in the form of one for reconsideration. Both motions were denied. Alson then petitioned this Court for review of the Board's decisions and the Board cross-petitioned for enforcement of its order.
The unfair labor charges must be determined on the question of whether Alson's objections to the election were valid. After fully considering the respective petitions of the parties and the record, we are of the opinion that Alson is entitled to an evidentiary hearing on the objections made and filed in regard to the representation election and that the petition of the N.L.R.B. for enforcement of its order should be denied.
The Board contends that in overruling Alson's objections to the election, it acted within the broad discretion vested in it by Congress in...
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