National Labor Relations Board v. Richard Tischler, Martin Bader and Donald Connelly, Sr., a Limited Partnership, D/B/A Devon Gables Nursing Home

The National Labor Relations Board [the Board] petitions for enforcement of its order directing the respondents to cease committing unfair labor practices and to bargain with the Retail Clerks Union No. 727 [the Union], as the exclusive representative of respondents’ full time and regular part time service and maintenance employees. The court has jurisdiction to hear this case under § 10(e) of the National Labor Relations Act, 29 U.S.C. § 160 (e).

BACKGROUND FACTS

Respondents operate a health care and nursing home facility in Tucson, Arizona. In June, 1976, the Union began an organizational campaign among the 151 service and maintenance employees at Devon Gables. On September 23, 1976, having secured 92 authorization cards from employees, the Union filed a representation petition with the Regional Director of the Board and demanded that respondents recognize the Union. Respondents refused the demand and a representation hearing was held. The Regional Director ordered an election scheduled for December 16, 1976. However, during the course of the campaign, several supervisors committed a number of unfair labor practices in violation of § 8(a)(1) of the Act, 29 U.S.C. § 158 (a)(1).…