(DOWNLOAD) "National Labor Relations Board v. Rexair Inc." by Sixth Circuit. United States Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: National Labor Relations Board v. Rexair Inc.
- Author : Sixth Circuit. United States Court Of Appeals
- Release Date : January 23, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The National Labor Relations Board is applying to the court under § 10(e) of the National Labor Relations Act, 29 U.S.C. § 160(e), to enforce its order setting aside the results of a disputed election in which the United Furniture Workers Union lost its bid to represent the employees at Rexairs Cadillac, Michigan plant; requiring Rexair to cease and desist from engaging in certain activities violating §Â§ 8(a)(1) and 8(a)(3) of the Act, 29 U.S.C. §Â§ 158(a)(1) and 158(a)(3); and ordering Rexair to recognize and bargain with the Union upon request. The challenged activities occurred after the Union obtained authorization cards from a large majority of the plants employees in early December 1977 and requested recognition by Rexair. The latter refused, and the two parties entered into a Stipulation for Certification Upon Consent Election. The election was held on February 14, 1978. The Union lost, and it filed objections to the election, charging that Rexair had engaged in numerous unfair labor practices during the campaign. After a hearing, the administrative law judge found that almost every one of the challenged activities constituted an unfair labor practice, and he held that Rexairs unlawful conduct "impeded the election process, undermined the Union, and destroyed its majority status" (App. 23). He held that issuance of a cease and desist order and holding a new election would be an unsatisfactory remedy, and he therefore ordered that the Union be recognized without a rerun election and that Rexair bargain with it upon request. The Board upheld the ALJs decision, stating simply, "The Board has considered the record and the attached Decision in light of the exceptions and brief and has decided to affirm the rulings, findings, and conclusions of the (ALJ) and to adopt his recommended Order (with small modifications not relevant here)" (App. 29) (footnote omitted).