Vari-Tronics Company, Inc. v. National Labor Relations Board

Warehousemen, Garage and Service Station Employees Local 334 filed a petition for a representation election with the National Labor Relations Board, seeking to represent a unit of employees at Vari-Tron-ics’ Spokane, Washington, facility. The parties entered into an Agreement for Consent Election, which provided that “[ojbjec-tions to the conduct of the election or conduct affecting the results of the election . may be filed within 5 days after issuance of the Tally of Ballots.” See 29 C.F.R. §§ 101.19 (a)(4), 102.69(a) (1977).

The Union won the election by a 2-to-l margin. Vari-Troncis filed timely objections to the election, claiming that the Union offered to waive a substantial portion of the regular initiation fee to any employees who paid the reduced fee and signed authorization cards before the election.

The Regional Director investigated Vari-Tronics’ objections and issued a report. He found that a Union representative had told employees during the election campaign that the Union had a policy of admitting groups of previously unrepresented employees to membership at a discounted rate. The discount was available both before and after the election; the employees could take…