NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
AJAX MAGNETHERMIC CORPORATION, RESPONDENT

6th Cir. | 1979-02-16
No. 77-1434
591 F.2d 1210 United States Court of Appeals for the Sixth Circuit (1979)

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Holding

The court held that the National Labor Relations Board properly granted summary judgment against the respondent for refusing to bargain with a certified union.


Facts & Procedural History

Following a union election victory, the respondent objected to the election results, but the NLRB overruled the objections and certified the union. Th…

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Opinion of the Court

This matter is before the court upon application of the National Labor Relations Board for enforcement of its Order issued against the respondent. The Board’s decision and Order is reported at 229 NLRB No. 45. The basis of the Order is a finding by the Board that the respondent violated Sections 8(a)(5) and (1) of the Act by refusing to recognize and bargain with a duly certified union.

Following a consent election which the union won by a one-vote margin the respondent filed objections to the election asserting that there had been unlawful picketing and harassment and threatening of employees immediately prior to the election. Following an administrative investigation the Acting Regional Director issued a report recommending that the objections be over ruled and that the union be certified as exclusive bargaining representative of employees of respondent. Respondent filed exceptions to the report, but did not request a hearing on its objections. The Board adopted the recommendations and certified the union. When the respondent refused to bargain with the union the present unfair labor practice proceedings were begun.

Upon consideration of the record before the court and the briefs and oral arguments of counsel, the court concludes that the Board properly granted summary judgment in this unfair labor practice proceeding. NLRB v. Tennessee Packers, Inc., 379 F. 2d 172 (6th Cir. 1967).

Enforcement of the Board’s Order is granted.


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