National Labor Relations Board v. Broadmoor Lumber Company

Respondent was charged with violating §§ 8(a)(1), (3) and (5) of the National Labor Relations Act [Act]. Subsequent to a hearing held in mid-April, 1976, the Administrative Law Judge [ALJ] concluded that respondent had in fact violated the provisions of the Act as charged. His decision was affirmed by the National Labor Relations Board [Board] in January, 1977. The Board seeks enforcement of this decision pursuant to the provisions of § 10(e) of the Act.

FACTS

Fred Schlosser owned the respondent lumber company. Among his employees were five sales clerks; the subjects of the controversy in this action. In early January, 1975, Esmarch, a representative of the Freight Checkers, Clerical Employees & Helpers Local No. 856, Teamsters, [the Union] gave a number of union authorization cards to Mangion, one of the sales clerks. Mangion circulated the cards among his fellow sales clerks and shortly thereafter returned five signed cards to Esmarch. Sometime in early 1975, Esmarch met with Schlosser. Esmarch testified that he showed Schlosser the union authorization cards and gave him a letter demanding that the union be recognized as the sales clerks’ official bargaining agent.

During the…