Summa Corporation D/B/A Frontier Hotel v. National Labor Relations Board

The National Labor Relations Board found that Summa Corporation d/b/a Frontier Hotel, unlawfully refused to bargain with Teamsters Local 14, in violation of section 8(a)(1) & (5) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1) & (5). Summa admits its refusal to bargain but challenges the validity of the representation election through which the Union was certified as exclusive bargaining agent. The Board overruled all of Summa’s objections to the election; a hearing was held on only one of the objections.

Summa petitions this court for review of the Board’s order directing Summa to bargain with the Union, and the Board cross-applies for enforcement of its order. We grant the petition for review and deny enforcement of the Board’s order.

I

Summa and the Union entered into a written stipulation authorizing a consent election to determine whether the Union should be certified as the exclusive bargaining agent for certain casino employees working at Summa’s facility in Las Vegas. The Union won the representation election by a vote of 120 to 94.

Summa filed objections to the election, alleging that the Union had engaged in material misrepresentations during the election…