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    Hamilton Electronics Company v. National Labor Relations Board, 475 F.2d 1400, 4th Cir. (1973)

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    The National Labor Relations Board certified a collective bargaining representative after it investigated the employer's objections to a representation election and found they did not raise substantial issues regarding the election. The employer refused to bargain, which resulted in unfair labor practice charges. The Fourth Circuit upheld the NLRB's decision to grant summary judgment in the unfair labor practice case without a hearing on the employer's election objections, as the record did not show the objections raised material issues about the election outcome. The court also found substantial evidence supported the NLRB's decision.

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    Hamilton Electronics Company v. National Labor Relations Board, 475 F.2d 1400, 4th Cir. (1973)

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    The National Labor Relations Board certified a collective bargaining representative after it investigated the employer's objections to a representation election and found they did not raise substantial issues regarding the election. The employer refused to bargain, which resulted in unfair labor practice charges. The Fourth Circuit upheld the NLRB's decision to grant summary judgment in the unfair labor practice case without a hearing on the employer's election objections, as the record did not show the objections raised material issues about the election outcome. The court also found substantial evidence supported the NLRB's decision.

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    Filed: 1973-04-26 Precedential Status: Non-Precedential Citations: 475 F.2d 1400 Docket: 72-1357

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    The National Labor Relations Board certified a collective bargaining representative after it investigated the employer's objections to a representation election and found they did not raise substantial issues regarding the election. The employer refused to bargain, which resulted in unfair labor practice charges. The Fourth Circuit upheld the NLRB's decision to grant summary judgment in the unfair labor practice case without a hearing on the employer's election objections, as the record did not show the objections raised material issues about the election outcome. The court also found substantial evidence supported the NLRB's decision.

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    Hamilton Electronics Company v. National Labor Relations Board, 475 F.2d 1400, 4th Cir. (1973)

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    The National Labor Relations Board certified a collective bargaining representative after it investigated the employer's objections to a representation election and found they did not raise substantial issues regarding the election. The employer refused to bargain, which resulted in unfair labor practice charges. The Fourth Circuit upheld the NLRB's decision to grant summary judgment in the unfair labor practice case without a hearing on the employer's election objections, as the record did not show the objections raised material issues about the election outcome. The court also found substantial evidence supported the NLRB's decision.

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    of 2

    475 F.

    2d 1400
    83 L.R.R.M. (BNA) 2543, 71 Lab.Cas. P 13,623

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Hamilton Electronics Company, Petitioner
    v.
    National Labor Relations Board, Respondent.
    No. 72-1357.

    United States Court of Appeals, Fourth Circuit.


    April 26, 1973.

    Before BOREMAN, Senior Circuit Judge, and WINTER and WIDENER,


    Circuit Judges.

    PER CURIAM
    1

    Following a representation election, the objections of the company to the


    election were investigated by the Regional Director, who made a report in
    writing after interviewing witnesses, including those suggested by the
    employer. Such report concluded that the employer's objections raised no
    substantial or material issue with respect to the election. Exceptions to the
    report of the Regional Director were overruled without a hearing by the Board,
    which certified the collective bargaining representative receiving a majority of
    the ballots in the election.

    The company then refused to bargain with the representative. As a result, unfair
    labor practice charges were filed. The enforcement of the order growing out of
    the unfair labor practice charges is the subject of this petition for review by the
    company and application for enforcement by the Board.

    We have reviewed the record, the briefs, and the authorities cited therein, and

    We have reviewed the record, the briefs, and the authorities cited therein, and
    are of opinion that the Board did not abuse its discretion when it granted
    summary judgment in the unfair labor practice proceeding and ordered the
    company to bargain. Since the record does not disclose the company's
    objections to the election raised substantial or material issues with respect to the
    election, no hearing on the same was called for. The record as a whole reveals
    substantial evidence to support the decision of the Board. Intertype Company v.
    NLRB, 401 F. (2d) 41 (4th Cir.1968); cert. den., 393 U.S. 1049 (1969).

    Enforcement Granted.

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