N.L.R.B. v. Curtis Noll Corp.
| Decision Date | 13 November 1980 |
| Docket Number | No. 78-1515,78-1515 |
| Citation | 634 F.2d 1027 |
| Parties | 105 L.R.R.M. (BNA) 3227, 90 Lab.Cas. P 12,374 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CURTIS NOLL CORPORATION, Curtis Industries Division, Respondent. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Elliott Moore, and Kenneth Hipp, Deputy Associate Gen. Counsel, N.L.R.B., Michael Hamilton, Washington, D. C., Emil C. Farkas, Director, Region 9, N.L.R.B., Cincinnati, Ohio, William Bernstein, N.L.R.B., Washington, D. C., for petitioner.
C. Donald Lovett, Robert P. Duvin, Robert P. Duvin & Associates Co., Jon C. Flinker, Cleveland, Ohio, for respondent.
Before BROWN and KENNEDY, Circuit Judges, and CECIL, Senior Circuit Judge.
The National Labor Relations Board petitions this Court for enforcement of its order directing the Employer, Curtis Noll Corp., to bargain with the Union, International Association of Machinists and Aerospace Workers, District Lodge 27, AFL-CIO. The Employer opposes enforcement on the grounds that the Union was improperly certified as the bargaining representative after a consent election.
The election was held October 21, 1977. The Regional Director overruled the Employer's objections to the election after an administrative investigation. The Board held that the Employer's exceptions to the Regional Director's Report raised no substantial and material disputed facts which required a hearing, adopted the report of the Regional Director, and certified the Union. Thereafter, the Employer refused to bargain with the Union, which the Board found to be an unfair labor practice. It ordered the Employer to bargain and now seeks enforcement from this Court of its bargaining order.
The Employer argues that statements made by Union adherents created an atmosphere of coercion preventing the exercise of free choice in the selection of a bargaining representative and that the privacy of the election was not maintained. Specifically, it claimed that one employee who claimed to speak for the Union unlawfully said that Union initiation fees would be waived for those who signed authorization cards; that a second employee threatened harm to the "company snitch" and pinned a Union button on another employee without her permission, thereby frightening her; and that a third employee told another that there would be trouble if she found out the other employee had voted against the union. The Employer asserts that more than thirty employees (out of 97 eligible voters) signed statements that conditions were chaotic in the voting room, voters were permitted to crowd around the voting booth, one could see into the voting booth because the curtain did not close properly, and the paper was so thin one could see through it to discover how someone voted.
The Employer also argues the Board's order should not be enforced as the Board failed to grant it a hearing in the representation proceeding though it proffered specific evidence to support its allegations and as the Regional Director failed to transmit the entire record to the Board.
The Board has wide discretion in determining representation matters. The party opposing the election results has the heavy burden of showing the election was unfair. This Court is limited to determining if the Board acted arbitrarily in the exercise of its discretion. Factual findings made by the Board are to be upheld if...
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