Topside Construction, Inc. v. National Labor Relations Board

MEMORANDUM *

Petitioner Topside Construction, Inc. (“Topside”) petitions for review of the decision of the National Labor Relations Board (“Board”) concluding that Topside violated section 8(a)(1) and (a)(5) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1) and (a)(5), by refusing to bargain with Operating Engineers, Local Union No. 3, International Union of Operating Engineers, AFL-CIO (the “Operating *849 Engineers”). Topside seeks reversal of the Board’s order on the ground that the Board’s ruling is not supported by substantial evidence and therefore it erred in certifying the Operating Engineers as the collective bargaining representative of a bargaining unit of Topside’s heavy equipment operators (the “operators”). The Board cross-petitions for enforcement of its order. We have jurisdiction pursuant to 29 U.S.C. § 160 (e) and (f). We deny Topside’s petition and 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 Co., 329 U.S. 324, 330 , 67 S.Ct. 324 , 91 L.Ed. 322…