The Riverside Press, Inc. v. National Labor Relations Board

ALDRICH, Circuit Judge:

An employer, Riverside Press, Inc., brings this petition to set aside a section 8(a) (5) and (1) order of the National Labor Relations Board based upon an admitted failure to bargain with a *282union.1 The company’s position is that the Board certification of the election of the union was improper, an issue on which it could obtain court review only by refusing to bargain and awaiting an unfair labor practice charge. Cf. Boire v. Greyhound Corp., 1964, 376 U.S. 473, 84 S.Ct. 894, 11 L.Ed.2d 849.2 At the unfair labor practice stage it sought to try one of the factual issues…