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International Union of Operating Engineers, Local 49 v. National Labor Relations Board (Struksnes Construction Co.)

National Labor Relations Board
165 N.L.R.B. 1062 (1967)


Facts

International Union of Operating Engineers, Local 49 (plaintiff), began organizing at a jobsite where Struksnes Construction Co. (defendant) worked. A union representative asked for recognition as bargaining agent, claiming the union represented 20 of the company’s 26 employees. Company president Christ Struksnes denied the union had that support and circulated a petition among his employees asking, “Do you want me to bargain with and sign a contract with [the union]? Please sign your name and answer Yes or No.” Struksnes himself and two foremen asked employees to sign the poll at the end of a shift, without calling a meeting to explain the poll’s purpose or provide assurances against reprisal. Fifteen employees voted no and nine voted yes, with Struksnes and his foremen knowing how each employee voted. The union filed objections, but the National Labor Relations Board (NLRB) found that the poll was not an unfair labor practice. The union appealed, and the appellate court reversed and remanded to the NLRB to develop appropriate rules. Meanwhile, the work at the jobsite ended within three months, and three years passed while the case went up on appeal and returned on remand.

Rule of Law

Issue

Holding and Reasoning

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