National Labor Relations Board v. Pacific International Rice Mills, Inc.

The National Labor Relations Board (NLRB), pursuant to the National Labor Relations Act (NLRA), as amended, 29 U.S.C. §§ 151 et seq., seeks enforcement of its order granting summary judgment against respondent, Pacific International Rice Mills, Inc., for the unfair labor practice of refusing to bargain with the union, in violation of sections 8(a)(1) and (5) of the NLRA, 29 U.S.C. §§ 158 (a)(1), (5). Respondent contests the underlying representation election and certification of the union as collective-bargaining representative on the grounds that there does not exist substantial evidence in the record supporting the NLRB’s findings of fact and that the hearing officer, whose findings and recommendations the NLRB adopted, was improperly biased against the employer because of his union membership. The Court rejects respondent’s contentions and grants the NLRB’s petition for enforcement of its order.

FACTS

This controversy arose out of a disputed representation election held in April, 1975, at respondent’s Woodland facility. The tally of ballots showed twenty-five votes for and twenty-one votes against the union, and six challenged ballots. The NLRB directed a hearing on the…