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Alois Box Co., Inc. v. NLRB

Since maintenance man exercised independent judgment on behalf of employer in issuing work assignments and determining acceptability of work, he held "supervisory" position, which justified exclusion of his vote in representative election.

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The full case caption appears at the end of this opinion.

The Alois Box Company petitions the court for review of a National Labor Relations Board order finding that the company violated ss 8(a)(1) and (5) of the National Labor Relations Act, see 29 U.S.C. s 158(a)(1), (5) (1994), for refusing to bargain with Graphic Communica-tions Union Local 415-S, AFL-CIO at the company’s factory in Illinois. The company does not deny that it refused to bargain but contends that the union was never properly certified because three ballots were improperly excluded from the election tally. In addition, the company contends that the Board’s grant of summary judgment was inappropriate, and contrary to Board Rule 102.24, because the company’s re-sponse to the rule to show cause indicated that a genuine issue for hearing may exist. Because there is substantial evidence to support the Board’s finding with regard to one of the three invalidated ballots and the company forfeited its right to challenge the Board’s disposition of a second ballot, even if the Board’s finding with regard to the third ballot is unsupported by substantial evidence, the result of the election would not change. Accordingly, because there are no legally significant factual issues as would preclude summary judg-ment, we deny the petition and grant the Board’s cross-application for enforcement.

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