National Labor Relations Board v. Hood Corporation and Contractors' Equipment Supply Company, Dba Cesco

Respondent, Hood Corporation, et al., (hereinafter referred to as Company), is engaged in the business of constructing gas pipelines in Idaho, Montana, and North Dakota. On March 22, 1963, the International Union of Operating Engineers, Local 370, AFL-CIO (hereinafter referred to as the Union) and the Respondent entered into a Consent Election Agreement in the usual form. The agreement was approved by the Regional Director of the National Labor Relations Board on March 27, 1963, and provided in pertinent part:

Pursuant to this agreement an election was held during the beginning of April of 1963 in which six ballots were cast for and five against the Union, with four ballots being challenged by the Union. Thereupon, the Regional Director conducted an investigation to determine whether the individuals who cast the challenged ballots were eligible to vote. On May 1, the Regional Director overruled two challenges and directed that these ballots be opened and counted. However, the Regional Director sustained the remaining two challenges, producing a revised tally of seven votes for the Union and six votes against. On May 7, the Regional Director certified the Union as the exclusive…