National Labor Relations Board v. Luisi Truck Lines

The National Labor Relations Board petitions this court pursuant to section 10(e) of the National Labor Relations Act ( 29 U.S.C. § 160 (e)) for enforcement of its order issued on August 15, 1966 (reported at 160 NLRB No. 45 ), against respondent Luisi Truck Lines. The Board found that respondent had violated section 8(a) (1) by making coercive statements against the union, and section 8(a) (5) of the Act by refusing to bargain collectively with a representative of its employees.

Respondent, who is engaged in the business of agricultural trucking, has two terminals, one in Yakima, Washington, and the other in Milton-Freewater, Oregon. It also does some business out of Walla Walla, Washington, but the record is unclear as to the details of that operation. The business is a seasonal one, and thus the number of employee-truck drivers fluctuates considerably during any one year.

On Sunday, October 25, 1964, a group of the respondent’s drivers from the Yakima terminal met with Owen Ballinger, a representative of the local Teamsters Union (Local 524). At that meeting six employees signed representation cards authorizing the Teamsters to be their bargaining representative. A seventh…