National Labor Relations Board v. Miramar of California, Inc.

The petitioner National Labor Relations Board (Board) seeks, pursuant to 29 U.S.C. § 160 (e), the enforcement of its good faith bargaining order issued upon findings that the respondent Miramar of California, Inc. (Company) violated Section 8(a)(5) and (1) of the National Labor Relations Act by refusing to bargain with the Hospital & Service Employees Union, Local 399 (Union), reported at 233 NLRB No. 151 .

We note jurisdiction and grant enforcement.

BACKGROUND:

The Union, desirous of certification as the representative of the Company’s production and maintenance employees, won an employee election on January 19, 1977, by a vote of 37 to 32 with three challenged ballots.

The Company filed timely objections to the election, alleging generally that Union agents or adherents had coerced and intimidated other employees to vote for the Union, had threatened them with bodily harm and deportation, and had created a “reign of terror” in the plant. The Company also charged the Union with discriminatory practices, which issue has been abandoned on appeal.

Finding no merit to the Company’s objections, the Regional Director on March 23, 1977 issued a supplemental decision and…