Bob's Big Boy Family Restaurants, a Division of Marriott Corporation v. National Labor Relations Board

This petition seeks review of a National Labor Relations Board (Board) refusal to apply its “contract-bar” rule. It requires us to determine the scope of the Board’s discretion in applying its own rules. Finding that the Board failed to justify its departure from prior announcements of policy and procedure, we deny enforcement and remand.

I.

Bob’s Big Boy Family Restaurants (Company) signed a collective bargaining agreement with Bob’s Employees’ Association (Association) in December 1974. Approximately three years later, Local No. 37 of the Bakery and Confectionary Workers International Union (Local 37) petitioned the Board to hold a representation election so that the Company’s employees could elect Local 37 as their exclusive bargaining representative. The Board refused to find that the Local 37 petition was barred by the Company-Association contract, Bob’s Big Boy Family Restaurants, 235 N.L.R.B. 1227 (1978), and at the resulting representation election Local 37 was chosen to represent the Company’s employees. The Company subsequently refused to bargain with Local 37, and the Board held that it thereby committed an unfair labor practice. 238 N.L. R.B. No. 95 (1979). The…