Scintilla Power Corporation, and v. National Labor Relations Board, And

After a union obtained a majority of the validly cast ballots of employees in a representation election, the employer refused to bargain with the union. The Board issued a bargaining order, and the employer petitions us for review. The employer argues that the Board improperly certified the union as the employer’s bargaining representative in view of an alleged atmosphere of coercion and intimidation which flawed the election as an index of employee preference. The employer argues that it was at least entitled to a hearing on its allegation that a fight between two employees, witnessed by some 30 of the 74 eligible voters, created such a coercive atmosphere that the election, which the union won by a 41 to 23 margin, should be set aside. For reasons expressed herein, we deny the petition and enforce the Board’s bargaining order.

In the incident in question, a pro-company employee and a union adherent, one Gary, engaged in the loud argument six days before the election. Presumably because Gary was ignorant of the word’s meaning, he became enraged by the employee’s characterization of him as a “gainsayer.” Gary chose to make of this a fighting word and aimed a fist at the…