National Labor Relations Board v. Ultra-Sonic De-Burring, Inc., of Texas

The Board seeks enforcement of its order directing Ultra-Sonic to bargain with the Communications Workers of America, Local 9455. The order was based on alleged violations by the company of § 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1) and (3), occurring during a period when union representation was being discussed by employees, with the prospect of an election under consideration. The company concedes, for the purposes of this proceeding, that it committed violations of the Act in the respects charged: discharging two employees because of union activities; threatening cessation of business operations if the union won the representation election; and creating the impression that the union activities of employees were under surveillance. The company contends, however, that there is insufficient evidence to support issuance of a bargaining order in that the evidence does not support the proposition that the violations were of such a character as to render it unlikely that a fair election could be held.

In NLRB v. Gissel Packing Co., 395 U.S. 575 , 89 S.Ct. 1918 , 23 L.Ed.2d 547 (1969), the Supreme Court discussed those instances in which a bargaining…