Nat'l Labor Relations Bd. v. E.A. Sween Co., No. 10-3639 (7th Cir. 2011)
Annotate this CaseThe company filed an objection to a flyer, distributed on the eve of an election. The hearing officer found that the flyer contained a misrepresentation of the law, but did not interfere with the employees’ ability to make a free choice and recommended that the Board certify the union. After the union was certified it filed a claim under 29 U.S.C. 158 (a). The Board issued an order requiring the company to bargain. The Seventh Circuit granted an order of enforcement. The board correctly certified the union; findings that the flyer was not a forgery and that its misleading language did not justify setting aside the election were supported by substantial evidence.
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