National Labor Relations Board v. Cheese Barn, Inc. D/B/A Hickory Farms of Ohio

The National Labor Relations Board (Board) found Cheese Barn, Inc. (Cheese Barn) guilty of an unfair labor practice: insisting to impasse on a nonmandatory subject of bargaining, in this case, a clause requiring bargaining unit employee ratification of the proposed collective bargaining agreement as a condition precedent to its operation. As part of the remedy, the Board ordered Cheese Barn to execute the collective bargaining agreement already signed by the Retail Clerks Union Local No. 1105 (Union). 222 N.L.R.B. No. 62 (1976). The Board then applied to us for enforcement of its order. Finding the factual predicates to the Board’s decision supported by substantial evidence and agreeing with the Board’s legal conclusions, we grant enforcement.

I.

All of Cheese Barn’s legal arguments are premised on a single assertion of fact: Cheese Barn and the Union actually agreed during the course of negotiations that rati-' fication by the bargaining unit employees of the proposed collective bargaining agreement would constitute a condition precedent to operation of the agreement. Cheese Barn does not argue that the Board made a contrary finding of fact which is not supported by substantial…