National Labor Relations Board v. Sav-On-Drugs, Inc.

The National Labor Relations Board [“the Board”] petitions for enforcement of its May 28, 1982 orders, pertaining to the refusal of Sav-On-Drugs, Inc. [“Sav-On” or “the company”] to bargain and to Sav-On’s unilateral changes in terms and conditions of employment. Sav-On opposes the Board’s application alleging that the Board abused its discretion in (1) reviewing and overturning the Regional Director’s decision, and (2) in disposing of the case by summary judgment, thereby precluding Sav-On from adducing evidence of prejudice suffered by its reliance on the Regional Director’s representation decision. Sav-On’s arguments are meritless. We enforce the Board’s orders in full.

I

BACKGROUND

On May 1,1978, the Guild for Professional Pharmacists [“the Guild”] petitioned the Board seeking to represent all pharmacists employed by Sav-On in California. The Regional Director dismissed the petitions on September 26, 1978, ruling that the Guild was not a labor organization within the meaning of section 2(5) ( 29 U.S.C. § 152 (5)) of the National Labor Relations Act [“the Act”] because it was dominated by employees classified as pharmacy managers. The Regional Director found this…