Con-way Freight, Inc. v. NLRB

Con-way seeks review of a union election at its Laredo, Texas facility, and for review of the Board's decision and order finding that the company engaged in unfair labor practices. The court rejected Con-way's claim that the Board agent failed to ensure the secrecy and privacy of the election where, in this case, observers were simply not able to see how voters filled out their ballots; rejected Con-way's claim that the Board erroneously held that a group of pro-Union employees were not agents of the Union; rejected Con-way's claim that Union agents engaged in objectionable electioneering where the Board reasonably determined that none of the actions at issue were sufficient to "destroy the atmosphere necessary for a free choice in the election and thus to warrant setting the election aside;" rejected Con-ways' claim that the election was held in an atmosphere of fear and intimidation sufficient to taint the results where the Board reasonably exercised its discretion in finding that the vandalism did not create an atmosphere of fear and intimidation such that employees were unable to freely cast their votes; and rejected Con-way's claim that the court should invalidate the election results because the closeness of the election. Accordingly, the court denied the petition for review and granted the Board's cross-application for enforcement. View "Con-way Freight, Inc. v. NLRB" on Justia Law