National Labor Relations Board v. Vegas Vic, Inc. D/B/A Pioneer Club

The Board’s order, reported at 213 NLRB No. 116 , should be enforced. It is well settled that there must be substantial evidence on the record as a whole to support the Board’s findings and that the trial examiner has the responsibility of evaluating the credibility of the witnesses and the weight to be given their testimony. Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951); NLRB v. Tri-State Stores, Inc., 477 F.2d 204, 206 (9th Cir. 1972), cert. denied 414 U.S. 1130 , 94 S.Ct. 868 , 38 L.Ed.2d 754 (1974).

Here substantial evidence on the record as a whole supports the Board’s findings that the employer violated the Labor Relations Act by (1) insisting upon a representation election before bargaining with the union, (2) bargaining directly with employees, and (3) unilaterally instituting a new insurance plan.

An incumbent union’s majority status is presumed to continue after expiration of an employer-union agreement. Terrell Machine Co. v. NLRB, 427 F.2d 1088, 1090 (4th Cir.), cert. denied 398 U.S. 929 , 90 S.Ct. 1821 , 26 L.Ed.2d 91 (1970). To overcome the presumption, the employer, must show that the union no longer had majority support or…