National Labor Relations Board v. Georgia, Florida, Alabama Transportation Company

GODBOLD, Circuit Judge:

In this refusal to bargain case we hold that the Board improperly excluded employee John Henderson from the bargaining unit. Following a Board election this court entered an enforcement order, NLRB v. Georgia, Florida, Alabama Transportation Co., 529 F.2d 1350 (CA5, 1976), a challenged ballot was counted, and the vote then was 6 for the union and 5 against. Because of the closeness of the vote and the NLRB’s substantial departure from prior case law in designating the bargaining unit, we hold that the employer had a good faith doubt whether the union represented a…