National Labor Relations Board v. Cal-Western Transport
Opinion
Opinion
Beezer, J.
ORDER
The memorandum disposition filed August 29, 1988, 857 F.2d 1478 , is redesigna-ted as an authored opinion by Judge Beezer.
The National Labor Relations Board (Board) petitions for enforcement of its order finding that Cal-Western Transport Co. (Company) violated, sections 8(a)(1) and (5) of the National Labor Relations Act (Act), 29 U.S.C. §§ 158 (a)(1), (5), by refusing to bargain with the Building Material & Dump Truck Drivers Local 420, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Union), which was certified as the collective bargaining unit of its employees. Because the Board did not abuse its discretion in upholding the representation election, we grant the Board’s petition for enforcement.
FACTS
The Company transports milk from dairies to creameries and calf ranches. On May 27, 1983, the Union filed a representa tion petition seeking certification as the collective bargaining unit of the Company’s employees. The Board conducted a pre-election hearing to determine, inter alia, whether dispatcher Craig Kuyper was a supervisory, managerial, confidential, or office clerical employee within the meaning of section 2(11) of the…