National Labor Relations Board v. Shenandoah Brick & Tile Corp.

Fourth Circuit

National Labor Relations Board v. Shenandoah Brick & Tile Corp.

408 F.2d 794, 70 L.R.R.M. (BNA) 2960, 1969 U.S. App. LEXIS 13228

CourtCourt of Appeals for the Fourth Circuit

DecidedMarch 17, 1969

Docket12626

StatusPublished

This text of 408 F.2d 794 (National Labor Relations Board v. Shenandoah Brick & Tile Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Labor Relations Board v. Shenandoah Brick & Tile Corp., 408 F.2d 794, 70 L.R.R.M. (BNA) 2960, 1969 U.S. App. LEXIS 13228 (4th Cir. 1969).

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Opinion

PER CURIAM:

The National Labor Relations Board petitioned for enforcement of its order requiring the Shenandoah Brick & Tile Corp. to bargain with a union that had been certified following a representational election. 1 The company justified its refusal to bargain by asserting that certification was based upon an invalid election. Its principal complaint in this court is the board’s denial of a hearing on the charge that conduct attributed to the union rendered a fair election impossible.

After the election, the company filed objections which were overruled on the basis of the regional director’s investigation. We find no error of law or fact in the board’s determination chat the company did not raise substantial and material issues pertaining to the validity of the election. Consequently, a hearing on the company’s objections is unnecessary. Intertype Co. v. N. L. R. B., 401 F.2d 41 (4th Cir. 1968) ; N. L. R. B. v. Bata Shoe Co., 377 F.2d 821 (4th Cir.), cert. denied, 389 U.S. 917, 88 S.Ct. 238, 19 L.Ed.2d 265 (1967).

The Board’s order will be enforced.

1

. Shenandoah Brick & Tile Corp., 168 NLRB No. 7, 66 LRRM 1255 (1968).

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PER CURIAM:

The National Labor Relations Board petitioned for enforcement of its order requiring the Shenandoah Brick & Tile Corp. to bargain with a union that had been certified following a representational election. 1 The company justified its refusal to bargain by asserting that certification was based upon an invalid election. Its principal complaint in this court is the board’s denial of a hearing on the charge that conduct attributed to the union rendered a fair election impossible.

After the election, the company filed objections which were overruled on the basis of the regional director’s investigation. We find no error of law or fact in the board’s determination chat the company did not raise substantial and material issues pertaining to the validity of the election. Consequently, a hearing on the company’s objections is unnecessary. Intertype Co. v. N. L. R. B., 401 F.2d 41 (4th Cir. 1968) ; N. L. R. B. v. Bata Shoe Co., 377 F.2d 821 (4th Cir.), cert. denied, 389 U.S. 917, 88 S.Ct. 238, 19 L.Ed.2d 265 (1967).

The Board’s order will be enforced.

1

. Shenandoah Brick & Tile Corp., 168 NLRB No. 7, 66 LRRM 1255 (1968).

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408 F.2d 794, 70 L.R.R.M. (BNA) 2960, 1969 U.S. App. LEXIS 13228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-shenandoah-brick-tile-corp-ca4-1969.

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