National Labor Relations Board v. Cadillac Steel Products Corporation

DUNIWAY, Circuit Judge.

The National Labor Relations Board seeks enforcement of an order to bargain. (National Labor Relations Act as amended, sections 10(e) and 8(a) (5) and (1), 29 U.S.C. § 160(e) and § 158(a) (5) and (1)). The employer’s refusal to bargain is' conceded. Its sole contention is that a consent election, which resulted in the choice of the union as bargaining agent, is not binding. The reason given is that the Regional Director did not afford a hearing as to the employer’s claim that one employee, who would have voted against the union, did not vote. His failure to vote is…