National Labor Relations Board v. Abex Corporation Aerospace Division

The National Labor Relations Board (“the Board”) petitions this court to enforce an order issued against Abex Corporation— Aerospace Division (“Company”) arising out of alleged violations of the National Labor Relations Act, subsections (a)(1) and (a)(5) of Section 8 ( 29 U.S.C. § 158 ) (unfair labor practices). Since the violations allegedly occurred in California, this court has jurisdiction under Section 10(e) ( 29 U.S.C. § 160 (e)).

The Board’s order is reported at 215 N.L. R.B. No. 114. We deny the petition.

In 1972 the production and maintenance employees at the Company voted to be represented by the Oil, Chemical and Atomic Workers International Union (“Union”). The Company and the Union reached an agreement which applied to “all operating and maintenance employees as outlined in the National Labor Relations Board Certification” and excluded “all of the Company’s other employees from coverage by this contract.” A month later the Union petitioned for a representation election in a proposed separate unit composed of certain salaried employees excluded from the previously certified production and maintenance unit. Because the Regional Director found that the salaried…