Opinion

Master Transmission Rebuilding Corporation & Master Parts, Inc. v. National Labor Relations Board

  • 373 F.2d 402
  • 64 L.R.R.M. (BNA) 2436
  • 1967 U.S. App. LEXIS 7408
Court
Court of Appeals for the Ninth Circuit
Filed
Feb 15, 1967
Status
Published
Author
Washington
On the bench
Washington, Barnes, Browning
Cited by
2 cases
Authority
More cited than 66.6%

The opinion

WASHINGTON, Senior Circuit Judge:

This is a labor relations case, similar in many ways to Joy Silk Mills v. N.L.R.B., 185 F.2d 732 (C.A.D.C.1950), cert. denied, 341 U.S. 914 , 71 S.Ct. 734 , 95 L.Ed. 1350 (1951). There, as here, the management made clear to the workers that it opposed unionization; in both cases, strong arguments were urged as to whether the employer did — or did not — coerce and restrain the employees in violation of their statutory rights. And there, as here, the Board found that the employer’s conduct was coercive and that this coercion caused the union to lose its majority status. See the opinion of the Board in this case, reported at 155 N.L.R.B. No. 35.

After reviewing the entire record, we are satisfied that substantial evidence supports the Board’s findings and its conclusions that the Company’s conduct violated Sections 8(a) (1), 8 (a) (2), 8(a) (3) and 8(a) (5) of the National Labor Relations Act, as amended ( 29 U.S.C. Sec. 151 et seq.). We are also satisfied that the Company’s conduct caused the Union to lose its majority status, and that the Union did not waive its right to a bargaining order by participating in a Board election. See Bernel Foam Products Co., 146 N.L.R.B. 1277 (1964) ; N.L.R.B. v. S.N.C. Mfg. Co., 122 U.S.App.D.C. 145 , 352 F.2d 361 (1965) , cert denied, 382 U.S. 902 , 86 S. Ct. 235 , 15 L.Ed.2d 155 (1965); and see

*403

Franks Bros. Co. v. N.L.R.B., 321 U.S. 702 , 64 S.Ct. 817 , 88 L.Ed. 1020 (1944).

For these reasons, we have concluded that the petition for review should be denied, and that a decree should issue enforcing the Board’s order.

So ordered.

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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