Presto Casting Company v. National Labor Relations Board

This matter is before the court on the petition of Presto Casting Company to review and set aside an order of the National Labor Relations Board, and the cross-application of the Board for enforcement of the order. Both petitions were timely filed and jurisdiction is afforded by 29 U.S.C. § 160 (e) and (f).

Presto is a metal casting firm which operates a foundry and heat treating plant in Phoenix, Arizona. On November 12, 1980, the Board certified the United Steelworkers of America as the collective bargaining representative of Presto’s production and maintenance employees. Commencing on December 15, 1980 and through February 26,1981, the parties met a number of times for .the purpose of negotiating a collective bargaining agreement. At Presto’s insistence, the parties treated non-economic and economic matters separately. Initial negotiations were limited to non-economic items. Negotiations broke down when a personality problem developed between Garza, negotiator for the company, and Smith, the union spokesman. On February 10, 1981, the union met with Presto’s new negotiator, Long. The latter had prepared a draft of the company’s non-economic proposal and presented it to the…