South Pacific Furniture, Inc. v. National Labor Relations Board

South Pacific Furniture, Inc. petitions for review of a Decision and Order of the National Labor Relations Board. The Board cross-petitions for enforcement of its Order. We deny South Pacific’s petition and grant the Board’s petition.

I. The Facts.

On December 23, 1977, an appropriate unit of employees of South Pacific voted in a representation election. The poll was to be open from 7:30 to 7:45 a. m. At about 7:35, the Union observer, appointed under NLRB Casehandling Manual, (Part Two) Representation Proceedings ¶ 11310, said to employees waiting in a room adjacent to the balloting area, “Come on and vote, exercise your power.” The employees then lined up to vote and voted. Of the thirteen eligible voters, eight cast their ballots for the Union and four cast their ballots against it.

South Pacific objected to the election, claiming that the observer’s statement was impermissible electioneering. No other showing was made in support of South Pacific’s objection to certification. The Regional Director concluded that the statement was not electioneering, and recommended overruling the objection and certifying the Union. No hearing was held. The Board adopted the Regional…