International Ass'n of Machinists & Aerospace Workers v. National Labor Relations Board

International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge No. 190, Local Lodge No. 1414 (the “Union”) seeks review of a decision and order of the National Labor Relations Board (“NLRB,” “the Board”) which dismissed its unfair labor practice complaint against Towne Ford Sales (“Ford”) and Town Imports (“Imports”). After ruling, contrary to the administrative law judge, that the newly-hired mechanics at Imports did not constitute an accretion to the bargaining unit of Ford mechanics, the NLRB dismissed the Union’s complaint, which had alleged that the employer unlawfully refused to extend the existing collective bargaining agreement to the Imports mechanics. 270 NLRB No. 55 (April 30, 1984). Because the NLRB did not abuse its discretion in so ruling, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Towne Ford Sales and Town Imports together constitute a single employer engaged in the retail sale, service, and distribution of Ford and Mitsubishi automobiles, respectively, in Redwood City, California.

Over the course of several decades, Ford and the Union had been parties to successive collective bargaining agreements covering the Ford mechanics. Prior to…

concurring:

In the context of labor law, an accretion occurs when new employees are added to a pre-existing bargaining unit. NLRB v. Sunset House, 415 F.2d 545, 547 (9th Cir. 1969). The question of accretion is similar, though perhaps not parallel, to the question whether a particular unit is the appropriate one for bargaining purposes, NLRB v. Food Employers Council, Inc., 399 F.2d 501, 502 (9th Cir.1968). As such, it is committed to the discretion of the NLRB. Sunset House, 415 F.2d at 548 . The Board did not abuse its discretion here.