National Labor Relations Board v. Advanced Systems, Inc.

The NLRB applies for enforcement of its bargaining order. It found that Advanced Systems, Inc., had committed an unfair labor practice when it refused to bargain with the Union after a representation election. The Company asserts that the Board abused its discretion when it: (1) overruled the Company’s election objections without reviewing the documentary evidence underlying the Regional Director’s reports and without making this evidence part of the agency record for judicial review; and (2) denied the Company an evidentiary hearing on whether threats and vandalism during the election campaign require setting aside the election. We agree. Accordingly, we deny enforcement of the order and remand the case for an evidentiary hearing.

I

After the Union won a consent election on August 10, 1979, the Company objected to the election on the ground that the Union, through its agents, had threatened physical assaults on employees and created an atmosphere of fear that interfered with the election. The Company submitted documentary evidence and a memorandum of points and authorities to substantiate its claim. After an ex parte investigation during which he collected affidavits from em…