National Labor Relations Board v. Sumner Sand & Gravel Company

The National Labor Relations Board has petitioned this court to enforce a cease and desist order directed against the Sumner Sand & Gravel Company of Twin Falls, Idaho. The order requires the company to cease and desist from refusing to recognize or bargain collectively with two certified unions with respect to employees within designated bargaining units. The order affirmatively orders the company to bargain with the unions with respect to wages and conditions of employment of these units, to post notices of compliance, and to notify the Board that the company has complied with the order.

The company admits that it has refused to bargain with the unions with regard to the bargaining units described in the Board order. It is contended, however, that the refusal is warranted because (1) the Board is without jurisdiction, (2) the selection of the bargaining representatives was improper, biased, prejudicial and an abuse of the regional director’s discretion, and (3) the election as a result of which the two unions were selected as bargaining representatives was improperly conducted by mail.

The company’s challenge to the Board’s jurisdiction is predicated on factual recitals to the…