National Labor Relations Board v. C & C Packing Company
Opinion
Opinion
Byrne, J.
The National Labor Relations Board found, in agreement with the Trial Examiner, that the respondent C & C Packing Company violated sections 8(a) (5) and (1) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a) (5) and (1), by refusing to bargain with the Union. The case is before the Court upon the Board’s petition to enforce its order pursuant to section 10(e) of the Act, 29 U.S.C. § 160 (e).
In an effort to organize the production and maintenance employees at the Company’s plant, the Union signed up the necessary 30 per cent of the employees and petitioned the Board for a representation election. At the meeting called to process this petition, the attorney for the Company asked if the Union would withdraw its representation petition if it could prove it had a majority of the employees.
The Union’s petition was withdrawn and it agreed to the card check procedure which involves counting the total number of employees who have signed a card authorizing the Union to represent them, and comparing this number with the total number of employees in the bargaining unit to determine whether 51 per cent of the employees have authorized Union representation.