Us Ecology, Inc. v. National Labor Relations Board, National Labor Relations Board v. Us Ecology, Inc.

US Ecology, Inc. (hereinafter US Ecology) seeks review of the National Labor Relations Board’s (hereinafter NLRB or the Board) order, 274 NLRB No. 58 (1985), requiring that US Ecology bargain with the union certified by the Board. US Ecology appeals on three grounds: (1) material pre-election misrepresentations allegedly made by the union which may have prevented employees from casting voluntary votes; (2) the appearance of partiality potentially created by the Board agent’s delegation to an observer of certain tasks relating to the conduct of the election; and (3) the potential for electioneering inherent in the Board agent’s delegation to an observer of tasks involving conversation with the voters. The Board cross-petitions for enforcement of its order.

I

FACTUAL BACKGROUND

US Ecology is engaged in the business of chemical and radioactive waste disposal. On July 22, 1983, the Oil, Chemical, and Atomic Workers International Union, Local 1-369 AFL-CIO (the Union) filed a representation petition with the Board by which it sought certification as the bargaining representative of US Ecology’s operators and radiation technicians and its maintenance, shipping and receiving,…