Construction Erectors, Inc., and v. National Labor Relations Board, And

Construction Erectors, Inc. (the “Company”) petitions for review of a decision of the National Labor Relations Board (the “Board”). The Board has cross-petitioned for enforcement of its order. The Administrative Law Judge’s (“ALJ”) Findings of Fact and Conclusions and the Board’s Decision and Order are reported at 252 NLRB No. 85 (1980).

On December 10, 1977, the Company entered into a collective bargaining agreement with Local 625 of the International Association of Bridge, Structural, and Ornamental Ironworkers, AFL-CIO (the “Union”). The Company repudiated the agreement on February 28, 1979, asserting, inter alia, that it no longer employed any Union members. An unfair labor practice charge was filed by the Union on March 13, 1979.

PROCEEDINGS BEFORE THE BOARD

The ALJ found that the Company had committed an unfair labor practice by repudiating its contract with the Union and held that, at the time of the 1977 agreement between the Company and the Union, i. e., on December 10, 1977, the Company’s employees were a stable unit and the Union had the support of a majority of that unit. As a result, he concluded that the agreement was governed by § 9(a) of the National Labor…