National Labor Relations Board v. Continental Nut Company

The National Labor Relations Board has petitioned this court, pursuant to § 10(e) of the National Labor Relations Act, 29 U.S. Code § 151 , et seq., for enforcement by the court of the Board’s order directing the respondent, Continental Nut Company, to bargain collectively with Warehousemen’s Union, Local 17, International Longshoremen’s and Ware-housemen’s Union, a union of its employees, and to cease and desist from certain other unfair labor practices. The two entities will hereinafter be called the employer and the union.

We narrate the events which led up to the instant appeal to this court. The union filed a petition with the Board pursuant to § 159 of Title 29, United States Code, requesting the Board to certify the union as the sole collective bargaining agent for a certain unit of the company’s employees. As not infrequently occurs, the parties entered into a written agreement for a “consent election,” instead of going through what is sometimes a rather ponderous hearing at which evidence is taken concerning the jurisdiction of the Board, the appropriate unit of employees to be included in the election if an election is ordered by the Board, and perhaps other pertinent…