Pacific Southwest Airlines, and Pacific Southwest Airmotive v. National Labor Relations Board
Opinion
Opinion
Anderson, J.
Fourteen previously unrepresented PSA employees were added to an existing bargaining unit after the Regional Director certified them as a proper addition to the unit. To obtain judicial review of the unit determination, the employer refused to bargain.
Unfair labor practice charges were filed. The Board found the unit was proper and that therefore PSA had violated §§ 8(a)(1) and (5) of the National Labor Relations Act (the Act), 29 U.S.C. §§ 158 (a)(1) & (5), when it refused to bargain. Cross petitions for review and enforcement followed. This court has jurisdiction to review the unit determination and the unfair labor practices. 29 U.S.C. §§ 160 (e) & (f).
As the parties have recognized, if the unit determination is upheld, the Board’s Order should be enforced. We find the unit determination was improper and deny enforcement.
I. PROCEEDINGS BELOW
Teamsters Local 2707 (the Union) petitioned the Board for certification as bargaining representative for 22 clericals employed at two PSA facilities. The Union sought to represent them as a distinct unit or, alternatively, to add them to the production unit already represented by the Union.