Levitz Furniture Company of Santa Clara, Inc. v. National Labor Relations Board

Levitz Furniture Company petitions for review of an order of the National Labor Relations Board. The Board asks us to enforce its order. The Board’s Supplemental Order is reported at 234 NLRB No. 177 (1978). It was entered following a remand by this court, on February 7, 1976. The Board’s original order, dealing with Levitz’s objections to a representation election, is reported sub nom. Retail Store Employees’ Union Local 424, 204 NLRB 1046 , 1053 (1973). We find no merit in Levitz’s attacks upon the Board’s order.

The Union’s waiver of initiation fees was sent to all employees, whether union supporters or not, was good until thirty days after a contract would be made between Levitz and the Union, and was in no way conditional upon support of or a vote for the Union. It thus was not improper under NLRB v. Savair Mfg. Co., 414 U.S. 270 , 94 S.Ct. 495 , 38 L.Ed.2d 495 (1973). NLRB v. L. D. McFarland Co., 572 F.2d 256, 258-9 (9th Cir., 1978); NLRB v. Aaron Bros. Corp., 563 F.2d 409, 412-3 (9th Cir., 1977). In these respects, it differs from NLRB v. Aladdin Hotel Corp., 584 F.2d 891 (9th Cir., 1978).

This is not a case, like NLRB v. Gorbea, Perez & Morrell, S. en C., 328 F.2d 679…