National Labor Relations Board v. Sonoma Vineyards, Inc.

The National Labor Relations Board (the Board) seeks enforcement of an order to bargain in good faith. The Board found Sonoma Vineyards, Inc. (Sonoma or the Company) in violation of sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (the Act), 29 U.S.C. §§ 158 (a)(1) and (5) (1976), because Sonoma refused to bargain with Distillery Workers Union, Local No. 186, AFL-CIO (the Union). The Board certified the Union as the employee bargaining representative after a representation election. Sonoma contends that the certification election was invalid because of conduct by the Union and the Board’s election agent, and because the ballots of twenty-one mail order processing employees improperly were excluded from the tally.

We find Sonoma’s objections to the conduct of the Union and the Board’s agent are without merit. Sonoma has failed to preserve its demand for a hearing on exclusion of the mail order employees. We enforce the Board’s order.

FACTS

A. The Representation Proceeding

On September 14,1978, the Union filed a petition for a representation election to be conducted at Sonoma’s facilities in Windsor, California. Subsequently, the Union and the Company executed a…