Authorized Air Conditioning Co., Inc. v. National Labor Relations Board

Pursuant to Section 10(f) of the National Labor Relations Act (“the Act”), 29 U.S.C. § 160 (f), Authorized Air Conditioning, Inc. (“the Company”) petitions for review of a final order of the National Labor Relations Board (“the Board”). The Board found that the Company had violated Sections 8(a)(1) and (5) of the Act, 29 U.S.C. §§ 158 (a)(1) and (5), by the Company’s refusal to execute and abide by a collective-bargaining agreement negotiated by a multi-employer bargaining association (“the Multi-Employer Association”) of which the Company was once a member. The Board’s Decision and Order is reported at 236 N.L. R.B. No. 24 (1978). The Board cross-petitions for enforcement of its Order.

The Company is a heating, cooling, and air-conditioning contractor in the building and construction industry, and it operates primarily in the Southern California area. At all relevant times herein, Paul Osborne was its president and general manager. In July of 1974, Osborne approached Paul Healy, the business manager of Local 509, to discuss the possibility of employing Local 509 members. On September 9, 1974, Osborne signed on the Company’s behalf a collective-bargaining agreement that consisted…