In Student Transportation of America, Inc., 362
NLRB No. 156 (Aug. 3, 2015), the National Labor Relations Board
concluded that an executive's statement, shortly prior to a
union election, that the employer "could walk away" from
a contract with the proposed bargaining unit's only client if
"operations became too costly" might have tarnished the
vote. As part of its ruling, the Board ordered a new election if
the union did not prevail on a re-tally with challenged ballots
added to the existing pool of votes.
The employer is a provider of transportation services to school
districts from facilities throughout the United States. The
proposed bargaining unit at issue was comprised of all drivers and
mechanics employed at a specific township facility. The
employer's only client in that facility was the township. The
employer's contract with the township included a clause through
which the township, but not the employer, could terminate the
contract if the township
