Hospital & Service Employees Union, Local 399, Service Employees International Union, Afl-Cio v. National Labor Relations Board

Local 399 of the Hospital and Service Employees Union seeks review of an order of the National Labor Relations Board dismissing an unfair labor practice complaint against Naftalie Deutsch, Frank DeMascio and Kenneth Childs, who form a partnership that does business as the Westbrook Bowl, Valley View Bowl and Verdugo Hills Bowl (the Employer) in the greater Los Angeles area. The Board dismissed the complaint for failure to serve a copy of the charges underlying the complaint within the six-month period prescribed by section 10(b) of the National Labor Relations Act (the Act), 29 U.S.C. § 160 (b) (1982). We grant the petition for review and reverse the Board’s decision.

BACKGROUND

On September 10, 1981, the Union filed three charges with the NLRB’s Los Ange les Regional Office, alleging that the Employer had committed unfair labor practices. The Union alleged that the Employer had violated sections 8(a)(5) and (1) of the Act, 29 U.S.C. § 158 (a)(5), (1), by refusing within the preceding two months to renegotiate its collective bargaining agreement with the Union.

One week later, the Regional Office began its investigation of the charges. It also mailed a copy of the charges to…