National Labor Relations Board v. Mike Yurosek & Sons, Inc.

The National Labor Relations Board petitions for enforcement of its order holding a company in violation of sections 8(a)(1) & (5) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(1) & (5), for refusing to bargain with the union certified by the Board after the supervised election. The company, Mike Yurosek & Sons, Inc., refused to bargain because of alleged irregularities in the representation election. The Board held an evidentiary hearing to evaluate two objections made by the company and found that neither had merit. There is substantial evidence to support the Board’s findings and we rule that the Board’s order must be enforced.

The company operates in the central valley of California where it farms, processes, packs, and sells vegetables. The election in question was held to determine if the employees of the company’s Lamont packing shed desired representation by the union, Butcher’s Union Local 193 of the Amalgamated Cutters and Butcher Workmen of North America, AFL-CIO. The vote was 132 in favor of the union and 97 against.

At its hearing, the Board considered company charges that two separate incidents during the pre-election campaign so tainted the election…