National Labor Relations Board v. Ideal MacAroni Company

BOYCE F. MARTIN, Jr., Circuit Judge,

dissenting.

I dissent for the simple reason that NLRB v. Franklin Art Glass Studios, Inc., 675 F.2d 106 (6th Cir.1982), established the legal standard in this circuit for determining whether laid-off employees should vote in representation elections. They have the right to vote in representation elections if, at the time of the elections, they have a reasonable expectation of recall. Id. The Board made the specific factual finding that these laid-off employees had a reasonable expectation of recall, and that finding is supported by substantial evidence, the…