National Labor Relations Board v. Tri-City Linen Supply

This case is before the court on the application of the National Labor Relations Board, pursuant to Section 10(e) of the National Labor Relations Act, 29 U.S.C. § 160 (e), for enforcement of its order issued on November 1, 1976, against Tri-City Linen Company (Tri-City). The Board found that Tri-City had violated Section 8(a)(5) and (1) of the Act by refusing to bargain with the certified collective bargaining representative of its employees.

Finding that all issues raised in the unfair labor practice proceeding were or could have been raised in a prior representation proceeding, the Board granted the General Counsel’s motion for summary judgment. Tri-City challenges the summary disposition of the ease and contends that the Union was improperly certified as the collective bargaining agent of Tri-City’s employees. We find substantial evidence in the record as a whole to support the Board’s findings and conclude that summary judgment was proper.

Factual Background

Tri-City is in the business of furnishing linen goods to restaurants and beauty parlors in the Riverside, California area. On May 23, 1975, the date of the election in question, Tri-City employed eight motor route…