National Labor Relations Board v. Cadillac Steel Products Corporation

The National Labor Relations Board seeks enforcement of an order to bargain. (National Labor Relations Act as amended, sections 10(e) and 8(a) (5) and (1), 29 U.S.C. § 160 (e) and § 158(a) (5) and (1)). The employer’s refusal to bargain is' conceded. Its sole contention is that a consent election, which resulted in the choice of the union as bargaining agent, is not binding. The reason given is that the Regional Director did not afford a hearing as to the employer’s claim that one employee, who would have voted against the union, did not vote. His failure to vote is attributed by the employer to certain claimed irregularities in the conduct of the election. The union was chosen by a majority of one. If the employee had voted, there would have been a tie, and the union could not have • been certified as the representative of the employees. (Section 9(a), 29 U.S.C. § 159 (a) requires selection by a majority.) The Board’s decision and order are reported at 149 NLRB No. 103 .

The election was conducted under a written agreement between the union and the employer, entered into under section 102.62 of the Rules and Regulations of the Board. The Rules contain a provision that “the…