# National Labor Relations Board v. Sunnyland Packing Co.

> Court of Appeals for the Fifth Circuit · May 20, 1954 · 213 F.2d 150

URL: https://www.frixlaw.com/law-library/cases/234128

## Case

- **Full name:** National Labor Relations Board v. Sunnyland Packing Co.
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** May 20, 1954
- **Citations:** 213 F.2d 150; 34 L.R.R.M. (BNA) 2177; 1954 U.S. App. LEXIS 3789
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Hutcheson, Holmes, Borah
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/234128

## Opinion text

PER CURIAM.
Respondent, in its motion for rehearing, complains that, in requiring respondent to cease and desist from “interrogating its employees concerning their union sentiments”, as ordered by the Board, we have denied the respondents the right of free speech accorded by the Constitution of the United States, Amend. 1, the express provisions of the Labor Management Relations Act, and the decisions of the courts.
Though we are in no doubt that the language, complained of as an invasion of free speech, when read and considered, as it must be, in its context as a part of subdivision (b), does not have, and may not be given, the effect respondent imputes to it, we are equally in no-doubt that, viewed as a flat and unqualified prohibition, it is objectionable, and in our decree it will be modified by adding to it the words “in a manner constituting interference, restraint, or coercion, in violation of Sec. 8(a)(1).” With this modification of our decree, the motion for rehearing is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/234128. Public record. Not legal advice.