Universal Paper Goods Company v. National Labor Relations Board
Opinion
Opinion
The employer petitions for review of the Board’s bargaining order, and the Board cross-petitions for enforcement. The issue is whether the Board abused its discretion in determining that employee Wier was ineligible to vote because she had retired at the time of the representation election. We find that substantial evidence proved Wier’s retirement and we order enforcement.
I
In December 1977, Wier told Company Chairman Biber at the company Christmas party that she was retiring. Company President Powell then spoke at the party, introduced Wier, and said, “I hear you’re planning to leave us,” and gave her a retirement check. She was honored at a retirement party by her coworkers, and her departure was announced in the company bulletin.
She ceased work on December 29. Biber then instructed Universal’s personnel di rector to place her on two-months leave of absence to “allow [Wier] to come back when she wanted to, if she wanted to.” Universal continued to pay for Wier’s health insurance during that period. She did not request a leave of absence, and was unaware of it until January when her son, a company supervisor, informed her of it.