Opinion

Breaker Confections, Inc. v. National Labor Relatons Board

  • 402 F.2d 499
Court
Court of Appeals for the Fourth Circuit
Filed
Oct 29, 1968
Status
Published
On the bench
Craven, Haynsworth, Per Curiam, Winter
Cited by
1 cases
Authority
More cited than 49.4%

The opinion

PER CURIAM:

The Labor Board found the employer had violated § 8(a) (5) of the National Labor Relations Act in refusing recognition to a union which claimed a majority of the employees in the unit on the basis of signed authorization cards, notwithstanding the fact that the union lost the Board’s supervised consent election. On the basis of conflicting testimony, the Board found some relatively minimal violations by the employer of § 8(a) (1) of the Act preceding the election, but they were not so pervasive as to be beyond the effective corrective process of a cease and desist order so as to assure a completely reliable reflection of the employees’ wishes in a second election.

In a number of recent cases, altogether comparable, we have declined enforcement of bargaining orders where there was nothing in the circumstances to overcome an employer’s assertion of good faith doubt of the union’s majority claim, when the union’s claim was based entirely upon a card count.

*

We decline enforcement of the bargaining order. Since in the disputed evidence, there is support for the Board’s findings of violations of § 8(a) (1), its order, insofar as it proscribes such violations, will be enforced.

Enforced in part; enforcement denied in part.

*

General Steel Prods., Inc. v. N.L.R.B., 4 Cir., 398 F.2d 339 ; N.L.R.B. v. Heck’s Inc., 4 Cir., 398 F.2d 337 ; N.L.R.B. v. Gissel Packing Co., 4 Cir., 398 F.2d 336 ; N.L.R.B. v. S.S. Logan Packing Co., 4 Cir., 386 F.2d 562 ; Crawford Mfg. Co. v. N.L.R.B., 4 Cir., 386 F.2d 367 ; N.L.R.B. v. Heck’s Inc., 4 Cir., 386 F.2d 317 . See also N.L.R.B. v. Sehon Stevenson & Co., 4 Cir., 386 F.2d 551 .

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.