Louisiana-Pacific Corporation, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

Louisiana-Pacific (Company) petitions for review and the Board cross-applies for enforcement of the NLRB’s bargaining order. The Board’s order held that the Company violated sections 8(a)(1) and (5) of the NLRA, 29 U.S.C. § 158 (a)(1) and (5), by refusing to bargain with Millmen’s Local No. 1495 (Union) after the Company acquired a new plant and by conducting a poll to ascertain Union support. We deny the petition and grant enforcement of the Board’s order.

BACKGROUND

On March 12, 1984 Louisiana-Pacific (Company) purchased the assets of Diamond International Corporation. At that time, Millmen’s Local No. 1495 (the Union) had been the representative of Diamond’s employees since 1937, and Diamond and the Union were parties to a collective-bargaining agreement due to expire in July 1985. Diamond’s employees were laid off. At the time of the sale, Louisiana-Pacific’s plant manager Peruman began interviewing candidates for employment, including a number of former Diamond employees. During the course of these interviews several applicants, who were former Diamond employees, made unsolicited negative comments about unions in general and Mill-men’s Local No. 1495 in particular.

The…