National Labor Relations Board v. Sacramento Clinical Laboratory, Inc.
Opinion
Opinion
Wright, J.
We are asked to enforce three orders of the Board finding Sacramento Clinical Laboratory (Sacramento) in violation of several provisions of the National Labor Relations Act (the Act). To the extent that the Board affirmed the findings of the Administrative Law Judge (ALJ) we enforce its order, but we find that the Board’s reversals of those findings are unsupported by substantial evidence. To that extent we deny enforcement.
FACTS:
Sacramento performs tests for hospitals, clinics and doctors and employs about 160 persons. This case concerns 12 of them, Sacramento’s couriers, who collect specimens for testing and return test results to Sacramento’s clients.
The couriers voted in March 1976 to be represented by Teamsters Local No. 38 (the Union). The Union was certified on April 12, 1977. Bargaining began in April 1978 and a second meeting was held on May 4. A third session was scheduled for May 16 but was called off when Sacramento informed the Union that it would no longer bargain. This withdrawal of recognition followed delivery to Sacramento of a petition by six of the 12 employees in the bargaining unit requesting that the employer withdraw recognition.