Linn Gear Company v. National Labor Relations Board

This case is before us on the petition of Linn Gear Company [Linn Gear] for review of a summary judgment and order granted by the National Labor Relations Board [Board] ( 29 U.S.C. § 160 (f)), and cross-application of the NLRB for enforcement of that judgment order ( 29 U.S.C. § 160 (e)).

The NLRB on a motion for summary judgment found that Linn Gear violated § 8(a)(1) and (5) of the National Labor Relations Act [the Act], 29 U.S.C. § 158 (a)(1) and (5), by refusing to bargain with the International Association of Machinists & Aerospace Workers [the Union].

ISSUE

In the final analysis, the principal issue presented on this appeal is whether a genuine issue of fact is presented by the record. If so, the case must be reversed.

BACKGROUND

On March 10, 1977, the Union filed a representation petition with the Board, seeking certification as the collective bargaining representative of Linn Gear’s employees. Linn Gear and the Union, pursuant to an agreement for consent election agreed that the appropriate bargaining unit included “all employees of the employer excluding office clerical employees, salesmen, professional employees, guards and supervisors as defined in the Act.”

On…