Associated Ready Mixed Concrete, Inc. v. National Labor Relations Board

Associated Ready Mixed Concrete, Inc. appeals the National Labor Relations Board’s order holding that Associated refused to bargain with or furnish relevant and necessary information to a certified union. Associated argues that the union was not properly certified. We have jurisdiction pursuant to 29 U.S.C. § 160 (f), and enforce the NLRB’s order.

*1184 BACKGROUND

Associated Ready Mixed Concrete employs truck drivers in Lake Forest, California. On January 6, 1994, the General Truck Drivers, Office, Food and Warehouse Union, Local 952 filed a petition with the National Labor Relations Board seeking certification as the collective-bargaining representative for Associated’s truck drivers.

Prior to the certification vote, the Union promised Associated’s employees that it would waive all back dues and other amounts owed to the Union by any voter if a majority of the employees voted for the Union. This promise was common policy for the Union. Employees could owe back dues if they had belonged to the Union during prior employment and had failed to withdraw when the prior employment ceased. One voter believed that he might owe a small amount in back dues, and was not informed that he…