National Labor Relations Board v. Carl Weissman & Sons, Inc.

Carl Weissman & Sons, Inc. (“the Company”) refused to bargain to test its objections to a rerun election in which employees chose union representation. The first election, conducted 56 days earlier, was overturned by the Board because of an anti-Semitic remark by a union official eleven days before the first election was held. The Company argues the rerun election was scheduled too soon after the offensive remark, and should have been held after the Board conducted a hearing to determine whether the prejudicial effect of the remark had been dissipated. We hold the Board did not abuse its broad discretion in scheduling the second election when it did.

I

The NLRB conducted a representation election for the Company’s employees on March 24, 1986. The Iron Workers Union won by a vote of 9 to 6. The Company challenged the election because a union official told employees at a March 13th meeting that “the Weissmans were pretty stingy with their wages and they had the right kind of background for being stingy.” The Board set the election aside.

A second election was held on May 19, 1986. The Union prevailed by a vote of 13 to 4. The Company objected, contending the Board should have…