Traditionally, the Sixth Circuit Court of Appeals has closely adhered to this strict standard.' It has done so in compliance with one of the foremost policies of the Act - the alleviation of labor unrest by expediently certifying bargaining units. ATR Wire and Cable Co. v. NLRB, "I however, represents the current willingness of the Sixth Circuit to de-emphasize the importance of expediently certifying bargaining representatives. First, the circuit will not hesitate to remand a case with direction to the NLRB to conduct an evidentiary hearing when it determines that the Board adopted the Regional Director's recommendation to certify a bargaining unit without reviewing the evidence upon which the Director has relied. Secondly, the court will remand when the coercive conduct of union adherents prior to the election may have precluded the employees' fair selection of bargaining representative.
McIntyre, Patricia A.
"Coercive Conduct and Evidentiary Hearings; ATR Wire and Cable Co. v. NLRB,"
Akron Law Review: Vol. 17
, Article 6.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol17/iss2/6