Opinion

National Labor Relations Board v. Chambers Manufacturing Corporation

  • 278 F.2d 715
  • 46 L.R.R.M. (BNA) 2316
  • 1960 U.S. App. LEXIS 4437
Court
Court of Appeals for the Fifth Circuit
Filed
May 31, 1960
Status
Published
On the bench
Hutcheson, Jones, Per Curiam, Wisdom
Cited by
12 cases
Authority
More cited than 89.2%

The opinion

PER CURIAM.

The labor union which was the certified bargaining agent for the production and maintenance employees of the Respondent, filed a charge with the National Labor Relations Board that the Respondent was guilty of unfair labor practices under the National Labor Relations Act, 29 U.S.C.A. § 151 et seq. The union asserted that the Respondent had interfered with, restrained and coerced employees, and had refused to bargain in good faith. The Board found violations and entered a cease and desist order which, by its petition, it seeks to enforce. The Respondent insists that enforcement should be denied for want of substantial evidence to support the Board’s findings of interference, restraint and coercion, and of failure to bargain in good faith. The evidence has been examined and the Respondent’s contentions with respect to it have been reviewed. It is our considered conclu

*716

sion that the evidence is ample to sustain the Board’s findings.

The Board, or its General Counsel, refused to make available to the Respondent, in advance of the hearing, the statements which had been taken from employees, and the names of the employees from whom statements had been taken. Subpoenas were revoked which would have required the production of all statements taken in connection with the charges. The Respondent contends that in these matters it has been denied the benefit of basic procedural safeguards and that the Board’s order, therefore, cannot stand. It is apparent to us, and especially so since no prejudice to the Respondent is shown, that it was not deprived of a fair hearing.

The other questions raised by the Respondent have been considered and we do not find merit in them. The order of the Board will be

Enforced.

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.

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