Hecla Mining Company v. National Labor Relations Board

This case is before us on petition for review, pursuant to Sec. 10(f) of the National Labor Relations Act (NLRA), of the final order of the National Labor Relations Board issued against Hecla Mining Company, which found that Hecla had committed unfair labor practices at its Lakeshore Project located south of Casa Grande, Arizona. The case requires us to assess conduct attributable to an employer in the course of a representation campaign in light of the restrictions imposed by the NLRA. For reasons set out below we decline to enforce the Board’s order.

I.

Background of the Case.

In elections held in 1971 and 1972, the production and maintenance employees of the Lakeshore Project rejected representation by five unions. A third election was held on April 19, 1973 in which the unions were again defeated, this time by a vote of 238 to 229. Shortly after this third election, the unions filed objections to conduct which allegedly affected the election results. The Regional Director found that several of the objections presented substantial issues which merited a hearing, which was ordered and held in July. In his report, the Hearing Officer overruled two of the objections, but…