National Labor Relations Board v. English Brothers Pattern and Foundry

In this case we grant the petition of the National Labor Relations Board for enforcement of its order.

I. Facts.

The facts of this case are set out in English Brothers Pattern and Foundry, 253 NLRB No. 67 (1980). Seven of nine employees in the stipulated unit signed union authorization cards. On October 8, 1979, the day when union officials called on the employer, claiming to represent a majority of the unit employees, Clyde English, a partner in the firm, assembled all nine employees. He threatened to close the plant rather than bargain with a union and made promises of better pay and other benefits if the workers rejected the union. He also asked the employees to raise their hands if they wanted the union. Seven of the nine did so. After the meeting, Clyde approached five of the nine workers individually at their work stations and asked each if he wanted the union. Each said that he did. The employer refused to bargain with the union. The Board concluded that the polling was in violation of § 8(a)(1), 29 U.S.C. § 158 (aXl), and the subsequent refusal to bargain was in violation of § 8(aX5), 29 U.S.C. § 158 (a)(5). The Board’s remedial order included an order that the employer…