Kellstone Inc. v. National Labor Relations Board

ORDER This case is before the Court on the petition of Kellstone, Inc., (the Company) to review and set aside an order issued by the National Labor Relations Board on September 24, 1973, and upon the cross-application of the Board for enforcement of its order reported at 206 NLRB No. 27. *1353 The Board, contrary to the findings of the Administrative Law Judge, found that the Company wrongfully repudiated its contract with the Kelley’s Island Employees Association (the Association) as well as its entire bargaining obligation under the Act. It further found that the employees struck in response to this action by the Company and that they were accordingly unfair labor practice strikers. After such repudiation of its contract with the Association, a majority of the employees, as found by the Board, selected the Steelworkers’ Union as their collective bargaining representative. Consequently, the Board concluded that the Company violated Sec. 8(a)(5) and (1) of the Act by repudiating its contract with the Association and by repudiating its entire statutory bargaining obligation. As the Board found that the strike was in protest of the Company’s unfair labor practices, it further determined that the Company violated Sec. 8(a)(3) and (1) by discharging and refusing to reinstate the striking employees.