National Labor Relations Board v. Big Three Industries, Inc.

The respondent, Big Three Industries, refused to bargain with the Union after the Union had been certified as the employees’ exclusive bargaining representative by the National Labor Relations Board. The Board found that Big Three had violated § 8(a)(5) and 8(a)(1) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(5) and 158(a)(1), by its refusal to bargain, and now petitions for enforcement. We order that enforcement be granted.

Big Three sells industrial gases and welding equipment, which it manufacturers at a plant in Long Beach, California. In 1975 the Union filed a representation petition with the Board, seeking to be certified as the exclusive bargaining representatives of a group of employees who worked at the Long Beach plant. Prior to the representation election, the parties agreed that the appropriate bargaining unit included:

Accordingly, the Regional Director conducted an election of the stipulated bargaining unit. Fifteen employees voted. Six votes were cast in favor of the Union, two votes were cast against it, and seven votes were challenged by the Union. Because the challenged ballots were sufficient to affect the outcome of the election, the Regional…