National Labor Relations Board v. Aaron Brothers Corp.

Good Law
563 F.2d 409·96 L.R.R.M. (BNA) 3261·1977 U.S. App. LEXIS 11084
United States Court of Appeals for the Ninth CircuitOctober 21, 197776-3442California1,461 words

Opinion

Opinion

The National Labor Relations Board (Board), pursuant to § 10(e) of the National Labor Relations Act, as amended, ( 61 Stat. 136 , 73 Stat. 519 , 88 Stat. 395 ) (the Act), petitions for enforcement of its order issued on April 30,1976 ( 223 NLRB No. 169 ) holding the respondent Aaron Brothers Corporation (Company) in violation of § 8(a)(5) and (1) of the Act by refusing to bargain with the Union. We enforce the order.

On April 4, 1975, the Board held a consent election in a unit consisting of all warehouse employees and truck drivers at the Company’s store at 940 Orange Drive in Los Angeles. The Union won by a vote of 14 to 1, with no ballots challenged.

Thereafter on April 10, 1975, the Company filed five objections to the election. On June 13, 1975, the Regional Director of the Board, after considering the evidence submitted by the Company and conducting an investigation of his own, issued a report on the objections and recommended that the Board overrule all of the Company’s objections and certify the Union. The Company then requested a review by the Board as to Objections 1, 2, 3, and 5, asking that the ease be remanded for an evidentiary hearing. On September 4, 1975, the…

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