Opinion

National Labor Relations Board v. K-D Manufacturing Company

  • 419 F.2d 467
  • 73 L.R.R.M. (BNA) 2013
  • 1969 U.S. App. LEXIS 9841
Court
Court of Appeals for the Fifth Circuit
Filed
Dec 3, 1969
Status
Published
On the bench
Thornberry, Godbold, Morgan
Cited by
2 cases
Authority
More cited than 47.2%

The opinion

PER CURIAM:

The Board seeks an enforcement order.

The Board finding that the employer announced an invalid no solicitation rule,

e. g.,

NLRB v. Mid-States Metal Products, Inc., 403 F.2d 702 (5th Cir. 1968), is supported by substantial evidence pursuant to credibility determinations which the Board was entitled to make.

The Board found that Christmas gifts to employees were a condition of employment

1

and that the employer refused to bargain by unilaterally terminating the past practice of making such gifts to employees, and that the company discriminated by making gifts to some employees while withholding them from all employees in the bargaining unit. All of these conclusions are supported by substantial evidence.

We are not able to say that there is insufficient evidence to support the Board’s conclusions that pre-election statements made to employees in speeches by representatives of the company were coercive and threatening. NLRB v. Coats & Clark, Inc., 241 F.2d 556 (5th Cir. 1957). The Board’s finding is not vitiated by the fact that the union won the election. NLRB v. Hill & Hill Truck Line, Inc., 266 F.2d 883 (5th Cir. 1959).

Finally, the evidence of company failure to bargain in good faith, while disputed, was sufficient.

The Board order is enforced.

1

.

E. g.,

NLRB v. Zelrich Co., 344 F.2d 1011 (5th Cir. 1965).

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.