National Labor Relations Board v. Joseph MacAluso Inc., D/B/A Lemon Tree

The single issue presented in this National Labor Relations Board (NLRB) enforcement proceeding is whether the NLRB erred in disallowing the testimony of a Federal Mediation and Conciliation Service (FMCS) mediator as to a crucial fact occurring in his presence. The decision and order of the Board are reported at 231 N.L. R.B. 91. We enforce the order.

I.

In early 1976 Retail Store Employees Union Local 1001 (Union) waged a successful campaign to organize the employees of Joseph Macaluso, Inc. (Company) at its four retail stores in Tacoma and Seattle, Washington. The Union was elected the collective bargaining representative of the Company’s employees, was certified as such by the NLRB, and the Company and Union commenced negotiating a' collective bargaining agreement. Several months of bargaining between Company and Union negotiators failed to produce an agreement, and the parties decided to enlist the assistance of a mediator from the FMCS. Mediator Douglas Hammond consequently attended the three meetings between the Company and Union from which arises the issue before us. To frame that issue, it is necessary first to describe the history of this litigation.

During the spring…