Bio-Science Laboratories v. National Labor Relations Board

In late 1966, the laboratory and related employees of Bio-Science, a medical reference laboratory, designated the International Chemical Workers Union, Local 805, as their bargaining agent.

While still covered by the 1970 basic contract, the Union and Bio-Science reached an impasse over a wage reopener, and on March 15, 1972, the employees went on strike. During the strike, Bio-Science eliminated some of the positions held by the strikers and hired permanent replacements for some others. On April 9, 1972, the strike ended. Those employees whose positions were vacant returned to work. The other strikers were put on a preferential reinstatement list. Several persons on the preferential reinstatement list were offered reinstatement between April and December of 1972. Some accepted while others declined and were eliminated from the list.

On December 29, 1972, Bio-Science filed a petition for an election to determine if the bargaining unit wished to retain the Union as its representative. A secret ballot election was held on February 22, 1973. Thirty-seven persons on the preferential reinstatement list were allowed to cast challenged ballots after Bio-Science challenged their right…