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NLRB v. Regional Home Care Servs., Inc.

Union election valid in spite of evidence of supervisor's expression of pro-union sympathies; board's decision to uphold election not arbitrary and capricious and supervisor's activities so minimal that no reasonable possibility of taint occurred.

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

LYNCH, Circuit Judge. In 1995 the Teamsters Union began an organizing campaign at North Atlantic Medical Services, a supplier of medical equipment. North Atlantic fought fiercely and also unfairly and now has unfair labor practice findings against it, as well as a bargaining order. A supervisor, though, had pro-union sympathies which he openly expressed. The employees — that is, a majority of them — both signed union representation cards and voted for unionization in an election. The employer has refused to bargain with the Union and twice has been ordered by the National Labor Relations Board to do so. The Board now petitions for enforcement of its various orders. North Atlantic also petitions for review, saying that both the election and the authorization cards, and thus the consequent Board orders to bargain, must be set aside because the supervisor’s conduct biased the outcome. North Atlantic has not challenged the finding of unfair labor practices on its part. The case involves review of the Board’s determination that the pro-union activities of a supervisor were not sufficient to deprive employees of their right to a free and uncoerced choice, and thus to set aside the two bases for the bargaining order.

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