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Zeiglers Refuse Collectors, Inc. v. National Labor Relations Board

639 F.2d 1000 (1981)

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Zeiglers Refuse Collectors, Inc. v. National Labor Relations Board

United States Court of Appeals for the Third Circuit
639 F.2d 1000 (1981)

  • Written by Patricia Peters, JD

Facts

The employees of Zeiglers Refuse Collectors, Inc. (Zeiglers) (plaintiff) voted 16-14 in favor of representation by the Chauffeurs, Teamsters, and Helpers Local 430 union (the union). Zeiglers challenged the election results, alleging that pro-union employees had coerced other Zeiglers employees into voting for the union. A hearing officer found that pro-union employees had threatened physical violence at least five times, and that the threats of one of the pro-union employees in particular—Charles “Pee Wee” Preston, who was 6’7” and weighed 250 pounds—especially created fear among the other employees. Based on this information, the hearing officer concluded that the outcome of the election had been swayed by the threats, and he recommended setting aside the election and holding a new one. The National Labor Relations Board (NLRB) (defendant) rejected the hearing officer’s conclusion. The NLRB stated that the threats could not be attributed to the union and that the threats were not serious but rather “mere campaign bravado.” Therefore, the NLRB certified the union as the representative of Zeiglers’s employees and ordered Zeiglers to bargain with the unit. Zeiglers petitioned for review of the order, and the NLRB cross-petitioned to enforce the order.

Rule of Law

Issue

Holding and Reasoning (Garth, J.)

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