National Labor Relations Board v. Yellow Transportation Company, a Division of Yellow Cab Cooperative, Inc.

The National Labor Relations Board petitions for enforcement of its order to the Yellow Transportation Company (Yellow Cab) to bargain in good faith with the Independent Cab Drivers Association (the Drivers). The National Labor Relations Board certified an election in which Yellow Cab drivers voted to make the Drivers their collective bargaining representative.

Yellow Cab contends that the Drivers made misrepresentations in printed leaflets circulated during the campaign. Yellow Cab countered Drivers’ leaflets with its own leaflets and posted notices. The National Labor Relations Board did not hold a full scale evidentiary hearing concerning the misrepresentations because it concluded that under the law governing elections, Yellow Cab had not made out even a prima facie case of misrepresentations that would require setting aside the election.

The National Labor Relations Board’s findings of fact must be upheld if they are supported by “substantial evidence” and its legal conclusions affirmed unless they are “arbitrary and capricious.” N.L.R.B. v. International Ass’n of Bridge, Etc., 549 F.2d 634, 640 (9th Cir.), cert. denied, 434 U.S. 832 , 98 S.Ct. 116 , 54 L.Ed.2d 92 (1977).…