National Labor Relations Board v. Ara Services, Inc.

with whom HUNTER, WEIS and BECKER, Circuit Judges, join.

I cannot agree with the opinion announcing the judgment of the court for at least two major reasons. First, that opinion gives no recognition to the principle that all elections, including representation elections, should be conducted under laboratory conditions — “as nearly ideal as possible,”1 so that employees may make a free and fair choice of a bargaining representative if they desire one. Thus it discounts those cases, including the Board’s own decisions, which have set aside elections where employees have been subjected to fear…