“This Court will set aside the Board’s determination only if it has acted arbitrarily and abused its discretion.”
How later courts described this case
- “This Court will set aside the Board’s determination only if it has acted arbitrarily and abused its discretion.”
Written by the judges who cited it.
The opinion
EDWARDS, Circuit Judge
(dissenting).
Respondent-Appellee Kilgore Corporation manufactured explosives in 60 separate buildings. The Board, prior to the first election, sent the company ten notices for posting. Respondent only posted one in a place accessible to employees, namely, the cafeteria, and then only 30 hours before the election began. There is little doubt that the employees of this plant were well aware of the date of the impending election. But the Board found that the notice contained provisions which if read, could make voters feel more secure in exercising their impartial judgment. It certainly would appear that nearly 300 people could not have had time to read the one notice 1 on the limited break periods that are relied on here.
The union lost the first election by one vote, 133 to 132. Subsequently, the Regional Director recommended that the Board approve setting aside the election and holding a new election, (which the union won), on the ground that the company had failed to post notices of the election at sufficient and appropriate places in timely fashion.
These facts present issues which Congress has committed to the Board’s discretion; and I find no abuse thereof.
*1171
. The notice involved, which I consider a fair statement of the law, is reprinted as an appendix to this dissent.