Nor-Cal Ready Mix, Inc. v. National Labor Relations Board

MEMORANDUM *

The National Labor Relations Board (“Board”) concluded that Petitioner Nor-Cal Ready Mix, Inc. (“Nor-Cal”) violated sections 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. § 185 (a)(5) *595 and (1), by refusing to bargain with Machinists District Lodge 190, Local 1173, International Association of Machinists and Aerospace Workers, AFL-CIO (the “Machinists”) and Operating Engineers Local Union No. 3, International Union of Operating Engineers, AFL-CIO (the “Operating Engineers”). Nor-Cal petitions for review, seeking to reverse the Board’s order on the grounds that the Board improperly certified the Machinists and Operating Engineers as the collective bargaining representative of a bargaining unit of Nor-Cal mechanics and other employees (the “mechanics unit”). The Board cross-petitions for enforcement of its order. We have jurisdiction pursuant to 29 U.S.C. §§ 160 (e) and (f), and we enforce the Board’s order.

“Congress has entrusted the Board with a wide degree of discretion in establishing the procedure and safeguards necessary to insure the fair and free choice of bargaining representatives by employees.” NLRB v. A.J. Tower, 329 U.S. 324, 330 , 67…