National Labor Relations Board v. Pacific Gamble Robinson Co.

The Petitioner seeks enforcement of an order which it issued against the Respondent (hereinafter “Pacific”). The order is based upon a finding by the Board that Pacific violated sections 8(a) (5) and (1) of the National Labor Relations Act, as amended, 29 U.S.C. § 158 (a) (1), (5), by refusing to bargain with the Union. The sole issue is whether the Board’s certification of the Union is invalid because the Board erred in concluding, over Pacific’s objections and without a hearing, that a part-time employee of the Respondent, one Christensen, was qualified to vote at the representation election. We have concluded that the Board’s Petition should be granted.

Including Christensen, five employees cast votes in the election. Without counting Christensen’s ballot, the vote was 2-2. The ballot of Christensen, who voted for the Union, was challenged by Pacific, on the grounds that his employment had been terminated before the election. The Board, however, determined that Christensen was a regular part-time employee, sufficiently concerned with the terms and conditions of employment in the unit to warrant his participation in the selection of a bargaining representative. While there is…