Warren Unilube, Inc. v. NLRB, No. 11-2664 (8th Cir. 2012)
Annotate this CaseWarren Unilube petitioned for review of an order of the NLRB that directed the company to recognize and bargain with the Union. The NLRB cross-applied for enforcement of its order. The court held that there was substantial evidence to support the NLRB's determination that the Union's unfair labor practice charge was not baseless or frivolous. The court also held that the NLRB properly denied the company's objections without a hearing where, in considering objections, the Regional Director could act on the basis of an investigation or upon the record of a hearing. Accordingly, the court denied the petition for review and enforced the NLRB's order.
Court Description: Petition for Review - NLRB. There was substantial evidence to support the Union's charge that the company had committed an unfair labor practice by threatening to close the facility if the employees voted to unionize, and the Board did not err in determining that the Regional Director properly invoked the "blocking charge policy" to postpone an election pending an investigation of the union's charge.
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