National Labor Relations Board v. Electra-Food MacHinery, Inc.

In this action we are asked to enforce an order issued by the National Labor Relations Board on May 2,1979, against Electra-Food Machinery, Inc. (“the Company”). The Board’s decision and Order is reported at 241 NLRB No. 194 and jurisdiction is based upon Section 10(e) of the National Labor Relations Act, as amended ( 29 U.S.C. §§ 151 , et seq.); the unfair labor practice found by the Board occurred within the State of California.

The Company, a California corporation, manufactures food processing equipment at El Monte, California, and on October 27, 1977, Sheet Metal Workers’ International Association, Local No. 75, AFL-CIO (“the Union”) filed a representation petition requesting certification as the bargaining representatives of the employees at the El Monte plant. In due course, an election was held which was won by the Union and on January 4, 1978, the Regional Director certified the Union as the employees’ bargaining representative.

Following the certification, negotiations for a collective-bargaining agreement were entered into and on September 6, 1978, the Company made a final offer of a complete bargaining agreement which covered wages, hours, and working conditions, and…