National Labor Relations Board v. Hepa Corporation

The National Labor Relations Board (Board) petitions this Court to enforce its order which requires respondent, Hepa Corporation, to bargain with California Teamsters Public, Professional and Medical Employees Union Local No. 911, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (union).

The Board conducted a certification election for Hepa’s employees in July 1976. The union won the election 48 to 15 with two challenged ballots.

Hepa filed objections to the election. It asserted that the union made unlawful threats, promises, and misrepresentations during the election campaign. It also asserted that certain employees acting as an “in-plant” organization had engaged in similar conduct.

After an investigation, the Board’s Regional Director ordered a hearing. After a hearing, the hearings officer recommended that the company’s objections be overruled, and his findings and recommendation were adopted by the Board, which certified the union.

The company still refused to bargain with the union, and the Regional Director issued a complaint alleging that the company’s refusal to bargain violated section 8(a)(1) and (5) of the National Labor…