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Administrative Law Keyed to Breyer
Allentown Mack Sales & Service, Inc. v. National Labor Relations Board
Citation:
522 U.S. 359 (1998)Facts
Mack Trucks, Inc. sold its Allentown, Pennsylvania branch to Allentown Mack Sales & Service in December 1990. Allentown hired 32 of the original 45 Mack employees. Before and immediately after the sale, several employees made statements to Allentown’s managers suggesting diminished support for Local Lodge 724, which had represented the service and parts employees. Eight employees made statements indicating they personally no longer supported the union. Ron Mohr, a union shop steward, told an Allentown manager that “if a vote was taken, the Union would lose.” Kermit Bloch stated that the entire night shift did not want the union. When Local 724 requested recognition in January 1991, Allentown refused, claiming a good-faith doubt about union support. Allentown conducted a poll supervised by a priest, which the union lost 19-13. The union filed an unfair labor practice charge. The ALJ found that Allentown was a “successor” employer to Mack Trucks and therefore inherited a presumption of continuing majority support for the union. The ALJ concluded that while Allentown’s poll complied with procedural standards, it violated the NLRA because Allentown did not have an “objective reasonable doubt” about the union’s majority status.
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