National Labor Relations Board v. Metro-Truck Body, Inc.

The National Labor Relations Board (NLRB) found Metro Truck Body, Inc. (Metro) guilty of violating section 8(a)(1) and (5) of the National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq., and now seeks to enforce, pursuant to section 10(e) of the NLRA, 29 U.S.C. § 160 (e), the cease and desist order it issued against Metro on June 14, 1977. In response, Metro contends that the election and subsequent certification of the Automobile Employees, Laundry Drivers & Helpers Local 88, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America (Union) is not supported by substantial evidence in the record as a whole, that the NLRB erred in ordering the election when the Union had not adequately shown that a “substantial number of employees” favored Union representation, and that the NLRB’s denial of an election objection hearing violated Metro’s right to due process of law. We reject Metro’s contentions and enforce the order.

In March of 1975, the Union filed a representation petition with the NLRB. The representation hearing was delayed until July 1976 pending resolution of certain unfair labor practice charges filed by the Union. The Regional Director of…