National Labor Relations Board v. Peninsula Association for Retarded Children and Adults

The National Labor Relations Board seeks enforcement of its order directing the Peninsula Association for Retarded Children and Adults (“the Association”) to bargain with the Brotherhood of Teamsters and Auto Truck Drivers, Local 85, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America (“the Union”). The Association is a nonprofit organization which raises funds by soliciting donations of merchandise which it sells to Thrift Village, Inc., which in turn sells the merchandise to the public at its two San Mateo County, California, stores.

In early January, 1977, Association employees involved in the solicitation operation (truck drivers and their “helpers”) became dissatisfied with certain working conditions and began attempts to organize. The alleged unfair labor practices underlying the present action grew out of that attempt.

Although the Union alleged numerous unfair labor practices, the Board found only four violations of the National Labor Relations Act. Three of the violations involved proscribed interrogation of employees, one coupled with a threat, in violation of § 8(a)(1) of the Act. The Board also found that the Association had violated…