National Labor Relations Board v. Snokist Growers, Inc.

The NLRB seeks enforcement of its bargaining order against Snokist. Snokist urges that enforcement be denied because of alleged irregularities in the pre-election communications from the union to the relevant employees.

The representation election was closely contested throughout the pre-election period. Numerous mailings went out from the union. Snokist plied the workers with its own propaganda. The Acting Regional Director of the NLRB found that a misstatement concerning pension coverage had been made by the union, but held (a) that it was unintentional, (b) that it was not a substantial departure from the truth, and (c) that Snokist had an opportunity to make an effective reply. He held the misrepresentation insufficient to justify the calling of another election. The Board subsequently adopted the director’s recommendations and certified the union in an unpublished decision. Snokist then refused to bargain, citing the claims already raised in the certification proceeding. On the union’s complaint of unfair labor practices, the administrative law judge denied reconsideration of the misrepresentation claim and the Board affirmed. 87 LRRM 1667.

Ordinarily we defer to…