National Labor Relations Board v. Eskimo Radiator Mfg. Co.

The National Labor Relations Board petitions for enforcement of its Order, 255 N.L. R.B. No. 43 (1981), finding that Eskimo Radiator Manufacturing Company violated §§ 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1) and (5), by refusing to bargain with the union.

The Teamster Automotive Local 495 filed a petition with the board to represent production, maintenance, shipping and receiving employees and warehousemen at Eskimo Radiator’s facilities in Los Angeles, California. A representation election result in a vote of 73 to 70 in favor of the union.

Eskimo Radiator filed six objections to the election alleging: (1) that union agents and representatives engaged in electioneering and prolonged conversations with voters in the polling area (objections 1 and 2); (2) that union agents threatened peripheral harm to employees and created an atmosphere of fear and reprisals (objection 3); (3) that union agents told employees that their names would be turned over to the immigration authorities if they did not vote for the union (objection 4); and (4) that one of the board’s agents encouraged the employees to vote for the union at the election (objection 5).…