National Labor Relations Board v. Poinsett Lumber and Manufacturing Co‪.‬

Per Curiam: This is a petition to enforce an order of the National Labor Relations Board finding the Poinsett Lumber and Manufacturing Company guilty of unfair labor practices based upon a finding of refusal to bargain and one instance of an alleged threat made to a union employee because of union membership. The refusal to bargain is admitted, but the company claims that the union certified as bargaining agent does not represent a majority of employees in the bargaining unit. An election was conducted under the supervision of the Board but the union received a majority of only a very few votes and the company contends that the result was achieved as the result of threats and pressure exerted on behalf of the union. The company duly filed objections to the election, raising substantial questions as to threats and intimidation and asking a hearing with regard thereto. Instead of ordering a hearing, the Board, acting upon the report of investigation by its regional director, certified the union as bargaining representative notwithstanding the exceptions of the company thereto and its request for a hearing again made. On the hearing in the unfair labor practice proceeding, the company offered evidence of the threats and coercion upon which it relied, but this was excluded by the trial examiner.