Valley Rock Products, Inc. v. National Labor Relations Board
Opinion
Opinion
This case is before the court upon the petition of Valley Rock Products, Inc. to review and set aside an order of the National Labor Relations Board issued against it on December 5, 1977, and reported at 233 NLRB No. 142 . The Board has cross-applied for enforcement of its order. This court has jurisdiction over the proceedings pursuant to § 10(e) and (f) of the National Labor Relations Act, 29 U.S.C. § 151 , et seq. The order directed the employer to bargain with Local Union No. 3, International Union of Operating Engineers, AFL-CIO.
Valley Rock is engaged in the production and sales of sand and gravel, and in land leveling. A representation election conducted February 27, 1976, resulted in four votes cast for the union and eight votes against. The union filed objections to conduct affecting the results of the election, and a second election was held on July 27, 1976, pursuant to stipulation of the parties. At the second election twelve eligible voters cast six votes for the union, three votes against the union, and three ballots were challenged. The company filed timely objections to pre-election conduct by the union organizer.