National Labor Relations Board v. Southeast Association for Retarded Citizens, Inc., D/B/A Southeast Work Training Center

The NLRB’s petition for enforcement of its order to bargain is granted. The Board both acted within its discretion and provided Southeast with the required due process in the administrative hearing.

On September 12, 1979, the union filed a petition for an election at Southeast, which is a non-profit organization established to train handicapped people. A month later a hearing was held in order to determine whether the Board should assert jurisdiction over Southeast. After the hearing, the union and Southeast entered into a stipulation that Southeast had sold products in excess of $50,000 to four firms located in Southern California who were themselves directly engaged in interstate commerce. On December 4,1979, the Regional Director issued a Decision and Direction of Election, which found, based upon the stipulation and the evidence produced at the hearing, that jurisdiction was properly asserted under the Board’s standards for nonretail enterprises. The company’s request for review of the Regional Director’s decision was denied by the Board on January 3, 1980. The union won the election and was certified as the exclusive bargaining agent of the employees at Southeast.

After…