Opinion

National Labor Relations Board v. Southern Silk Mills, Inc.

  • 209 F.2d 155
  • 33 L.R.R.M. (BNA) 2368
  • 1953 U.S. App. LEXIS 3633
Court
Court of Appeals for the Sixth Circuit
Filed
Dec 21, 1953
Status
Published
On the bench
Allen, Martin, Miller, Per Curiam
Cited by
5 cases
Authority
More cited than 87.1%

The opinion

PER CURIAM.

This cause having been heard upon the record, briefs and argument of counsel for the respective parties;

And the Court being of the opinion that the spontaneous walk-outs and temporary work stoppages by the respondent’s employees in protest against what they not unreasonably considered excessive heat in the factory building constituted concerted activity for mutual aid or protection within the meaning of Section 7 of the National Labor Relations Act, Sec. 157, Title 29 U.S.Code, 29 U.S.C.A. § 157 ; N. L. R. B. v. Kennametal, Inc., 3 Cir., 182 F.2d 817 , 19 A.L.R.2d 562 ; Carter Carburetor Corp. v. N. L. R. B., 8 Cir., 140 F.2d 714, 718 ; N. L. R. B. v. J. I. Case Co., 8 Cir., 198 F.2d 919, 922 ; N. L. R. B. v. Globe Wireless, 9 Cir., 193 F.2d 748, 750 ; and did not deprive them of the benefits of the Act; Sec. 152(3) and 163, Title 29 U.S.C., 29 U.S.C.A. §§ 152 (3), 163; See International Union of United Automobile, Aircraft and Agricultural Implement Workers of America, C.I.O. v. O’Brien, 339 U.S. 454, 459 , 70 S.Ct. 781 , 94 L.Ed. 978 .

And that the findings by the Board that the suspension and later discharge of the employees herein complained of was because they participated in these work stoppages and because of the organizational activity engaged in by these employees after they were suspended are supported by substantial evidence on the record considered as a whole;

And, such acts being in violation of Sec. 8(a) (1) and (3) of the Act, Sec. 158(a) (1) and (3), Title 29 U.S.C., 29 U.S.C.A. § 158 (a) (1, 3); N. L. R. B. v. Ford, 6 Cir., 170 F.2d 735, 738-739 , and cases hereinabove cited;

It is ordered that a decree of enforcement of the Board’s Order of October 21, 1952, be entered.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.