The May Department Stores Company, and v. National Labor Relations Board, And

In an NLRB representation election held by the May Department Stores Company (“the Company”), a majority of the employees voted for the union — a local of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America. The Company objected to the election on the ground that union agents and supporters had created an atmosphere of fear and intimidation.

The Regional Director conducted an ex parte investigation of the Company’s objections and overruled them. He denied the Company’s request for a formal evidentiary hearing, and certified the union as a bargaining representative. The NLRB declined to review his decision. The employer refused to bargain with the union and, upon a charge by the Teamsters Local, the Board issued a bargaining order. The issue before us is whether the specific misconduct alleged by the employer was too substantial for the Regional Director to dismiss the Company’s objections without an evidentiary hearing. We hold that it was, and vacate the Board’s bargaining order.

The employer in this case alleged numerous threats of reprisal. Three employees testified that they were warned, in substance, that “if the Union lost the…