National Labor Relations Board v. Michael's Painting

ORDER **

The National Labor Relations Board (“NLRB”) petitions for enforcement of its decision and order holding that the Southern California Painters and Allied Trades, District Council, No. 36, affiliated with International Brotherhood of Painters and Allied Trades, AFL-CIO (collectively “the Union”), was the bargaining agent of the employees of Michael’s Painting, Inc. (“Michael’s Painting”). We have jurisdiction pursuant to section 10(e) of the National Labor Relations Act, 29 U.S.C. § 160 (e), and grant the petition for enforcement.

We reject Michael’s Painting’s assertion that the NLRB erred in certifying the Union as the bargaining agent of the employees because a majority of the employees did not vote in favor of the Union. The administrative law judge concluded that the “Union’s majority status was established on March 27, when it obtained valid authorization cards from 18 of the 34 [employees] in the bargaining unit.” The NLRB affirmed the administrative law judge’s rulings, findings, and conclusions and adopted a modified version of his order, changing the date the Union achieved majority status to March 31.

The sole assertion by Michael’s Painting in opposition to…