National Labor Relations Board v. Tri-Ex Tower Corporation

This is an application for enforcement of an order of the National Labor Relations Board against Tri-Ex (Company) finding that the company violated Section 8(a)(5) and (1) of the National Labor Relations Act by refusing to bargain with the duly certified representative of its employees. The company entered several reasons at the hearing as the basis for its non-compliance, but on appeal urges only the question whether the Board acted within the limits of its authority when, after taking more than eight months to act on a request for review, it directed certification of an election which the company had won, but within two months thereafter, permitted the holding of a new election, which the union won.

The first election was held on July 22, 1975. The union objected to the results and for some unclear reason, the NLRB did not get around to certifying the results in favor of the company until June 10, 1976 — more than 10 months later. On June 1, 1976, the union petitioned for another election in the same unit and an election was held on August 17th which the union won. The company filed timely objections to this election, but they were overruled by the Regional Director and this…