United Steel Workers of America Afl-Cio-Clc v. National Labor Relations Board, Tower Industries, Inc., Intervenor

Petitioner United Steelworkers of Amer-ica (“the Union”) alleged unfair labor practices by Intervenor Tower Industries, Inc. An administrative law judge (“ALJ”) found that Tower had violated 29 U.S.C. § 158 and recommended several specific affirmative remedies, including an order requiring Tower to recognize and bargain with the Union, commonly known as a Gissel order. A three-judge panel of Respondent National Labor Relations Board (“NLRB” or “the Board”) adopted the ALJ’s findings, conclusions, and remedies with the exception of the suggested Gissel bargaining remedy. The Union seeks review of the Board’s refusal to impose a Gissel order. On review for a clear abuse of discretion, Cal. Pac. Med. Ctr. v. NLRB, 87 F.3d 304, 308 (9th Cir.1996), we deny the petition.

The relevant facts are not disputed. Tower manufactures individual and custom machine parts. Between January 7 and January 24, 2003, Tower had 91 employees who were eligible for union representation; 57 of them signed union authorization cards, authorizing the Union to represent them in collective bargaining. During that period, on the day of a union-organizing meeting, Tower disciplined and fired two employees,…