National Labor Relations Board v. Masonic Homes of California, Inc., Hospital and Institutional Workers Union, Local 250, Intervenor

The Board seeks to enforce its order finding that Masonic violated 29 U.S.C. § 158 (a)(5) and (1) by refusing to bargain with Local 250 (the Union). Masonic contends that its refusal to bargain was not an unfair practice because the Board improperly certified the Union without hearing Masonic’s objections to the representation election. Masonic has shown facts raising material questions as to the validity of the election results. We deny enforcement and remand for an evidentiary hearing.

I. FACTS

The employees of Masonic, a nursing home, voted in a representation election. Masonic filed objections but the Regional Director investigated and recommended that all be overruled. The Board adopted those findings and conclusions without a hearing and certified the Union. Masonic refused to bargain and was found in violation of the act.

II. DISCUSSION

The Board has wide discretion in conducting and supervising representation elections. Certification of a union without hearing objections to the election may be disturbed only for abuse of that discretion. NLRB v. Miramar of California, Inc., 601 F.2d 422, 425 (9th Cir. 1979). To get a hearing on post-election objections a party must…