National Labor Relations Board v. West Coast Liquidators, Inc.

The National Labor Relations Board applies for enforcement of an order based on its finding that the employer, West Coast Liquidators, Inc., committed an unfair labor practice by refusing to bargain with the certified representative of its employees. West Coast Liquidators contends that the Board abused its discretion by failing to review employee affidavits relied upon in the Regional Director’s report and by denying the employer’s request for an evidentia-ry hearing. We agree. Accordingly, we deny enforcement and remand the case for an evidentiary hearing.

I.

FACTS

A local of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Union) filed a representation petition with the Board’s Regional Office seeking certification as the bargaining representative of certain employees of West Coast Liquidators, Inc. (Employer). The employees of a bargaining unit defined by the Regional Director endorsed the Union in an election held on August 13,1981. The Employer filed objections to the election claiming, inter alia, that the Union and its agents had made threats to the employees.

The Regional Director conducted an administrative investigation of…