National Labor Relations Board v. Zeno Table Company, Inc.

The National Labor Relations Board applies for enforcement of its order holding that Zeno Table Company, Inc., (“Zeno”) refused to bargain with the certified representative of its employees in violation of sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1), (5) (1976), and requiring Zeno to bargain with the union upon request. We deny enforcement of the bargaining order and remand the case to the Board for further proceedings.

The dispute arose from a contested certification election held in April 1976, in which a substantial majority of Zeno’s employees voted in favor of union representation. After lengthy and contested certification proceedings, in June 1977 the Board certified the Union as the collective bargaining representative of Zeno’s employees. Zeno thereupon refused to bargain with the union in order to obtain review of the Board’s certification decision. The union filed its unfair labor practice charge with the Board.

The General Counsel issued an unfair labor practice complaint on August 4, 1977. The complaint was served on Zeno at its company offices and on Zeno’s counsel, Fred Long, at an office he maintained in Southern…