Pinetree Transportation Company v. National Labor Relations Board, National Labor Relations Board v. Pinetree Transportation Company

On April 2, 1981, the National Labor Relations Board (the Board) entered an order holding Pinetree Transportation Company (Pinetree) in violation of sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (the Act), 29 U.S.C. § 158 (a)(1) and (5), for its refusal to bargain with the Automotive Employees, Laundry Drivers and Helpers, Local 88, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (the Union). The Board ordered Pinetree to cease and desist from its violations, to post appropriate notices, and to recognize and bargain with the Union upon request. Pinetree filed this petition for review under 29 U.S.C. § 160 (f); the Board cross-applied for enforcement pursuant to 29 U.S.C. § 160 (e).

Although Pinetree’s petition formally seeks review of the unfair labor practice proceedings, Pinetree does not dispute the fact that it has refused to bargain with the Union. Pinetree claims that the Board improperly set aside a representation election in which the Union lost, and then ordered a second election in which the Union won. As a result, the Union was certified as the bargaining unit of Pinetree’s mechanical and maintenance employees.…