Buck Knives, Inc. v. National Labor Relations Board

Buck Knives, Inc. has petitioned this Court pursuant to Section 10(f) of the National Labor Relations Act, 29 U.S.C. § 151 et seq., to review a decision and order of the National Labor Relations Board issued on April 20, 1976 and reported at 223 NLRB No. 144 . The Board has cross-petitioned for enforcement of its order pursuant to Section 10(e) of the Act. The Board concluded that petitioner violated section 8(a)(1) and (2) of the Act by prematurely extending recognition to and entering into a collective bargaining agreement with a rival employees association.

There are no relevant facts in dispute since the Board’s decision was based on a written stipulation of facts entered by the parties.

Under the Board’s doctrine established in Midwest Piping and Supply Co., Inc., 63 NLRB No. 1060 (1945), “an employer faced with conflicting claims of two or more rival unions which give rise to a real question concerning representation may not recognize or enter into a contract with one of these unions until its right to be recognized has finally been determined under the special procedures provided by the Act.” Retail Clerks Union, Local 770 v. N.L.R.B., 370 F.2d 205 , 207 (9th Cir.…