Opinion
Nos. 716, 998, Dockets 75-4223, 75-4243.
Argued March 30, 1976.
Decided April 5, 1976.
Paul J. Spielberg, Washington, D.C. (John S. Irving, Jr., Gen. Counsel of the N.L.R.B., Elliott Moore, Deputy Associate Gen. Counsel, James M. Hirschhorn, Atty., Washington, D.C., on the brief), for petitioner, cross-respondent.
Burton R. Horowitz, New York City, (Edward A. Halpern, Newark, N. J., on the brief), for respondent, cross-petitioner.
Sipser, Weinstock, Harper Dorn, New York City (Richard Dorn, New York City, of counsel), submitted a brief for intervenor.
Petition for review from the National Labor Relations Board.
Before KAUFMAN, Chief Judge, and OAKES and GURFEIN, Circuit Judges.
On this petition for enforcement and cross-petition for review, the respondent contends that the National Labor Relations Board erred in holding (two members dissenting) that Sprain Brook Manor violated §§ 8(a)(1), (2), and (3) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1), (2), and (3), by recognizing — and entering into a collective bargaining agreement with — a union that did not represent a majority of the Manor's employees. Although Joseph Wildebush, an arbitrator selected by the union and the Manor without the consent of the employees, concluded after a "card check" that a majority of the workers had authorized the union to represent them, most of the Manor's employees later testified to the contrary at a hearing before an Administrative Law Judge.
Twenty-five of the Manor's 101 employees testified orally. The parties stipulated that another 45 employees were prepared to testify "that they did not sign a card for [the union] or in any other way authorize [the union] to represent them . . .."
For the reasons expressed in the majority opinion of the National Labor Relations Board, ___ NLRB ___ (1975), we grant enforcement of the Board's order. The cross-petition for review is denied.