NCR Corp. v. NLRB

NCR seeks review of the Board's decision and order that NCR violated section 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. 158(a)(5) & (1), when it refused to bargain with the Union after a mail ballot election. The court concluded that the Board did not abuse its discretion in rejecting NCR’s objections to the conduct of the election; NCR’s objections to the election stem from a misreading of the Agreement and Notice, and from a disagreement with the Board’s policy on handling late-received ballots; the Board’s adherence to the parties’ stipulated agreements as to phrasing of the instructions and the ballot count date does not constitute an election irregularity; the Board was under no obligation to discuss the decisions on which NCR relies where the grounds for distinction are readily apparent; and absent an election irregularity resulting from the Board’s conduct of the election, the Board’s disenfranchisement precedent is inapplicable. The court also concluded that the Board’s interpretation, based on the balancing of conflicting interests in affording employees the broadest participation in election proceedings while still protecting against “delay and uncertainty,” is consistent with its precedent. Accordingly, the court denied the petition for review and granted the Board's cross-application for enforcement. View "NCR Corp. v. NLRB" on Justia Law