Holding that, in administrative proceedings, notice “is sufficient if the [petitioner] understood the issue and was afforded full opportunity to justify its conduct during the course of the litigation”
In Vincent Industrial, we directed the Board to premise every bargaining order on an "explicit[ balanc[ing][of] three considerations: (1) the employees' Section 7 rights [ 29 U.S.C. § 157]; (2) whether other purposes of the [NLRA] override the rights of employees to choose their bargaining representatives; and (3) whether alternative remedies are adequate to remedy the violations of the [NLRA]]."
Noting that, "[b]ecause affirmative bargaining orders interfere with the employee free choice that is a core principle of the Act," we "view them with suspicion" and demand special justification for them
Stating that this court "`review the Board's factual conclusions' only for `substantial evidence,' and must `uphold the Board's application of law to facts unless arbitrary or otherwise erroneous'" (quoting Harter Tomato Products Co. v. NLRB, 133 F.3d 934, 937 (D.C. Cir. 1998))
In Poole the court upheld the Board's bargaining order, concluding that the employer's withdrawal of recognition of the union based on a decertification petition signed by sixty-four of sixty-six employees within four months of the employer's settlement agreement with the union violated section 8(a)(1) and (5) of the Act.