National Labor Relations Board v. Bufkor-Pelzner Division, Inc.

This proceeding is before the court upon the application of the National Labor Relations Board (Board), pursuant to § 10(e) of the National Labor Relations Act, as amended ( 61 Stat. 136 , 73 Stat. 519 , 29 U.S.C.A. § 151 et seq.), for enforcement of its order, issued against respondent, Bufkor-Pelzner, Division Inc. (Company) on February 20, 1968. This court has jurisdiction of the proceedings under § 10(e) of the Act ( 29 U.S.C.A. § 160 (e)), the alleged unfair labor practice having occurred in San Francisco, California where the Company is engaged in the manufacture of jewelry cases.

The Board by its order found that the company’s refusal to recognize and bargain with the certified Union violated § 8(a) (5) (1) of the Act. In reaching this conclusion the Board found that the Company’s objections to the election, which the Union won, were without merit and raised no substantial or material issues warranting an evidentiary hearing.

The issues presented for our determination are, (1) whether, as a matter of law, the Board improperly refused to set aside the election and the certification issued pursuant thereto and (2) whether there is substantial evidence in the record,…