Robert's Tours, Inc. v. National Labor Relations Board

Robert’s Tours is petitioning this court for review of a National Labor Relations Board (NLRB) order requiring it to bargain with ILWU, Local 142 (the Union). The Board is seeking enforcement of its decision and order reported at 232 NLRB No. 97 (1977).

Pursuant to a Stipulation for Certification Upon Consent Election, employees of Robert’s Tours approved the Union as its bargaining agent by a 15 to 3 vote with 7 challenged, but undeterminative, ballots.

Objections to the election were filed by Robert’s Tours. For the purposes of this appeal, the key objections were 1) the maintenance by employees of a voter list, and 2) electioneering by union supporters along the line of march to the polls. An investigation of these charges was conducted, with the Regional Director concluding that no improper conduct occurred. The Regional Director’s report and recommendations were adopted by the Board.

Thereafter, Robert’s Tours refused to bargain with the Union. The Union filed an unfair labor practice charge with the Board alleging violation of sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act. Robert’s Tours admitted its refusal to bargain, but contested the validity of the…