Opinion

National Labor Relations Board v. Boot-Ster Manufacturing Company, Inc.

  • 405 F.2d 1210
  • 70 L.R.R.M. (BNA) 2337
  • 1969 U.S. App. LEXIS 9264
Court
Court of Appeals for the Sixth Circuit
Filed
Jan 21, 1969
Status
Published
On the bench
McCree, Combs, McAllister
Cited by
2 cases
Authority
More cited than 71.4%

The opinion

PER CURIAM.

In this action the Board requests enforcement of an order based on findings that Boot-Ster Manufacturing Company violated Sections 8(a) (1), 8(a) (3), and 8(a) (5) of the National Labor Relations Act. The Board’s findings and order are reported at 165 N.L.R.B. No. 47. The Board is not seeking enforcement of the bargaining provisions of the order because the union subsequently advised the regional director that it no longer wishes to represent the company’s employees.

In N.L.R.B. v. Boot-Ster Manufacturing Company, 361 F.2d 325 (1966), this Court granted enforcement of a Board order based on findings of Sections 8(a) (1) and 8(a) (5) violations.

The order as it now stands stems from the Board’s finding that employee Lewis was interrogated about his union sympathies and warned not to persist in his union activities. Shortly afterwards, he was discharged and the Board found that the discharge was motivated by Lewis’s union activity.

Upon consideration, we are of the opinion that, while this Court might have reached a contrary result if it were authorized to make de novo findings, the Board’s order is supported by substantial evidence. N.L.R.B. v. Interurban Gas Corp., 317 F.2d 724 (6th Cir. 1963).

Accordingly, enforcement of the Board’s order with respect to Sections 8(a) (1) and 8(a) (3) violations is granted.

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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