Amazing Stores, Inc. v. National Labor Relations Board

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Petitioner, Amazing Stores, Inc., challenges an NLRB order arising from its unfair labor practices in a December 1985 representation election. Petitioner claims that the Board’s use of a “Gissel ” remedy, setting aside the election and requiring it to recognize the union for the purpose of collective bargaining, was inappropriate because there had been substantial turnover in the workforce since the earlier election campaign. Petitioner also argues that the Board’s findings of outrageous and pervasive misconduct were not…