Transit Connection, Inc. v. National Labor Relations Board

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The Union notified TCI, a Martha’s Vineyard bus company, that a majority of its drivers had signed Union authorization cards. The parties agreed to an election. TCI was required to provide a list of eligible voters and their addresses. TCI identified 39 drivers and delivered 37 residential addresses, one P.O. Box address, and combination of a residential address and a P.O. Box. The Union mailed voting information but only seven drivers attended a meeting. In the first election, the drivers voted 21 to 18 against unionization. Subsequently, 22 envelopes the Union had mailed were returned as undeliverable. A hearing officer determined that the list was deficient. The NLRB ordered a new election, in which the drivers voted in favor of representation, 17 to 14. TCI asserted that, before the election, two drivers had threatened another driver that they would “kill him” if he did not vote for the Union. A hearing officer concluded that the statements “were made in jest.” The NLRB certified the Union. The NLRB found that TCI had engaged in unfair labor practices under the National Labor Relations Act, 29 U.S.C. 158 (a)(1)(5), when it refused to bargain with the Union. The Eleventh Circuit granted the NLRB’s application for enforcement of its order. The record supported the decision to order a new election and that the drivers were not acting as Union agents engaging in intimidation. View "Transit Connection, Inc. v. National Labor Relations Board" on Justia Law