Sahara Datsun, Inc., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

Automobile salesmen at Sahara Datsun (the Company) sought the representation of the Liberated Workers Welfare (LWW) and petitioned the National Labor Relations Board (Board) for a representation election. The Company responded to the petition by discharging key union proponents, threatening to discharge and blackball other union supporters, and coercively interrogating employees concerning union matters. The subsequent representation election resulted in a tie and the LWW filed unfair labor practice charges with the Board. The Board found that the Company violated sections 8(a)(1), 8(a)(3) and 8(a)(5) of the National Labor Relations Act (NLRA) and ordered the Company to cease and desist from the unfair labor practices. Additionally, the Board ordered the Company to recognize and bargain with the LWW. We grant the Board’s petition for enforcement.

I

FACTS

The Company sells and leases automobiles in Las Vegas, Nevada. It employs fourteen salesmen and several sales and lease managers.

In 1982, Mark Darata, a salesman employed by Sahara Datsun, formed the LWW. During the following two years the union conducted its business informally, holding only three or four membership…