National Labor Relations Board, Construction, Production & Maintenance Laborers' Local Union No. 383, Intervenor v. Hydro Conduit Corporation

The National Labor Relations Board (“the Board”) has applied to this court for enforcement of its order requiring respondent Hydro Conduit Corp. (“the Company”) to bargain collectively with the Construction, Production & Maintenance Laborers’ Local Union No. 383, Laborers’ International Union of North America, AFL-CIO (“the Union”). The Board found that the respondent had committed unfair labor practices by withdrawing recognition from the Union without objective considerations sufficient to establish a good faith doubt of the Union’s majority status in violation of the National Labor Relations Act (“the Act”), Section 8(a)(5) and (1), 29 U.S.C. § 158 (a)(5) and (1).

The respondent argues that the Board improperly reversed the Administrative Law Judge’s decision that the unappealed decision of the Regional Director in the representation case precluded the finding of a refusal to bargain in the unfair labor practice case.

We reverse the decision of the Board and deny the application to enforce the order.

BACKGROUND

Since 1970, the Company and the Union were parties to collective bargaining agreements covering employees at a Company facility in Phoenix, Arizona. The last…