Mechanical Specialties Company, Inc. v. National Labor Relations Board

This case is before us upon the petition of Mechanical Specialties, Inc. (hereafter the petitioner), to review, and on cross-petition of the National Labor Relations Board to enforce, an order of the Board issued on June 28, 1967, against the petitioner pursuant to Sec. 10(c) of the National Labor Relations Act, (hereafter the Act), ( 29 U.S.C. § 160 (c)). Submission of this case was vacated pending the United States Supreme Court’s disposition of NLRB v. Gissel Packing Co., Inc. and its companion cases; these cases were decided by a consolidated opinion on June 16, 1969 ( 395 U.S. 575 , 89 S.Ct. 1918 , 23 L.Ed.2d 547 ).

Petitioner resisted attempts by the Union (United Automobile Workers) to organize its employees. As a result of petitioner’s activity, the Union lost the representation election, 59 to 40. However, the Union claimed petitioner’s unfair labor practices voided the election, and the Union sought recognition on the basis of authorization cards obtained from 68 of the 115 employees in the unit (58 would be necessary for a majority).

After a hearing, the Board found that petitioner threatened and coerced employees in violation of Sec. 8(a) (1) of the Act ( 29 U.S.C. §…