Nat'l Labor Relations Bd. v. Bear Archery, 587 F.2d 812 (6th Cir. 1977). · Go Syfert
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Nat'l Labor Relations Bd. v. Bear Archery, 587 F.2d 812 (6th Cir. 1977). Cases Citing This Book View Copy Cite
14 citation events (2 in the last 25 years) across 7 distinct courts.
Strongest positive: Financial Institution Employees Of America, Local No. 1182, Chartered By United Food And Commercial Workers International Union, Afl-Cio, Petitioner v. National Labor Relations Board (ca1, 1984-12-26)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see, e.g." Financial Institution Employees Of America, Local No. 1182, Chartered By United Food And Commercial Workers International Union, Afl-Cio, Petitioner v. National Labor Relations Board
1st Cir. · 1984 · signal: see also · confidence low
The election procedures must not be so "lax" or "substantially irregular" as to "negate the validity of the election." NLRB v. Commercial Letter, Inc., 496 F.2d 35, 42 (8th Cir.1974); see also NLRB v. Bear Archery, 587 F.2d 812 (6th Cir.1977) (enforcement of continuity finding denied because of inadequate due process in election procedures).
discussed Cited "see, e.g." Financial Institution Employees, Local No. 1182 v. National Labor Relations Board
9th Cir. · 1984 · signal: see also · confidence low
The election procedures must not be so “lax" or “substantially irregular” as to “negate the validity of the election.” NLRB v. Commercial Letter, Inc., 496 F.2d 35, 42 (8th Cir.1974); see also NLRB v. Bear Archery, 587 F.2d 812 (6th Cir. 1977) (enforcement of continuity finding denied because of inadequate due process in election procedures).
Retrieving the full opinion text from the archive…
National Labor Relations Board, Local Union No. 1903, of the International Union, Uaw, Intervenor
v.
Bear Archery, Division of Victor Comptometer Corporation
76-2041.
Court of Appeals for the Sixth Circuit.
May 10, 1977.
587 F.2d 812
Cited by 1 opinion  |  Published

587 F.2d 812

95 L.R.R.M. (BNA) 3094, 82 Lab.Cas. P 10,145

NATIONAL LABOR RELATIONS BOARD, Petitioner,
Local Union No. 1903, of the International Union, UAW, Intervenor,
v.
BEAR ARCHERY, Division of Victor Comptometer Corporation, Respondent.

No. 76-2041.

United States Court of Appeals,
Sixth Circuit.

May 10, 1977.

Elliott Moore, Deputy Associate Gen. Counsel, John Ferguson, Michael Stein, N. L. R. B., Washington, D. C., for petitioner.

Douglas C. Dahn, Tolleson, Burgess & Mead, Detroit, Mich., for respondent.

1

Before WEICK and CELEBREZZE, Circuit Judges, and GREEN, District Judge.[*]

ORDER

2

The National Labor Relations Board has petitioned for enforcement of its order finding the Bear Archery Division of the Victor Comptometer Corporation in violation of Section 8(a)(5), (1) of the National Labor Management Relations Act for refusal to bargain with Local 1903 of the United Auto Workers.

3

The company's employees were represented by an independent union, the Bear Archery Employees' Association, which had been recognized as bargaining agent by the employer but which had not been certified by the Board. On September 10, 1974, a majority of employees voted to affiliate the Association with UAW and it became Local 1903. The company refused to bargain with the UAW, complaining that the affiliation election was not fairly conducted and that it did not comport with minimum due process. Two of the three-member panel of the Board rejected the company's contentions. Member Walther dissented primarily because the election procedures did not provide the employees with an adequate opportunity for reflection and for the presentation of opposing viewpoints.

4

After consideration of the record, briefs and oral arguments of counsel, we conclude that enforcement of the Board's order should not be granted for reasons stated by Member Walther in his dissenting opinion. Accordingly,

5

It is therefore ORDERED that the petition for enforcement of the NLRB's order be, and it hereby is, denied.

*

Honorable Ben C. Green, Senior District Judge, United States District Court for the Northern District of Ohio, sitting by designation