TCI West, Inc. v. National Labor Relations Board

TCI West, Inc. (“TCI”), a cable television company, petitions for review of an order of the National Labor Relations Board (“NLRB” or “Board”) finding that TCI engaged in an unfair labor practice (“ULP”) by refusing to bargain with the International Brotherhood of Teamsters, Local Union 856, AFL-CIO (the “Union”). See TCI West, Inc., 322 N.L.R.B. No. 174, 1997 WL 30604 (1997). TCI contends that when the Board tallied the votes in a decertification election, the Board agent improperly declared void a ballot that contained a single line in the ‘Yes” box and a complete “X” in the “No” box. This challenged ballot was sufficient to affect the outcome of the election.

The Board had jurisdiction over the underlying ULP proceeding pursuant to section 10(a) of the National Labor Relations Act, 29 U.S.C. § 160 (a). We have jurisdiction pursuant to 29 U.S.C. § 160 (e) and (f), and we reverse.

I. BACKGROUND

An employee of TCI filed a petition under 29 U.S.C. § 159 (c) seeking to decertify the Union as the bargaining representative of some TCI employees. The NLRB conducted a decertification election pursuant to a stipulated election agreement. The tally of the ballots resulted in 63 votes…