Opinion

National Labor Relations Board v. Stanley Air Tools, Division of the Stanley Works

  • 432 F.2d 358
  • 75 L.R.R.M. (BNA) 2430
  • 1970 U.S. App. LEXIS 6955
Court
Court of Appeals for the Sixth Circuit
Filed
Oct 13, 1970
Status
Published
On the bench
Edwards, Celebrezze, Brooks
Cited by
1 cases
Authority
More cited than 57.5%

The opinion

PER CURIAM

ORDER.

The National Labor Relations Board seeks enforcement of its orders issued against Stanley Air Tools, Division of the Stanley Works. The Board’s Decision and Order, issued May 14, 1968, is reported at 171 N.L.R.B. No. 48. The Board’s supplemental Decision and Order, issued November 10, 1969, is reported at 179 N.L.R.B. No. 89. The Board found violations of Section 8(a) (1) of the Act due to respondent interfering with, restraining and coercing its employees so as to improperly affect the result of a Board election, and also that respondent’s refusal to recognize and bargain with the Union was not based upon a good faith doubt of the Union’s majority and was, therefore, in violation of Section 8(a) (5) and (1) of the Act.

This case was first heard before National Labor Relations Board v. Gissel Packing Company, 395 U.S. 575 , 89 S.Ct. 1918 , 23 L.Ed.2d 547 (1969) and then reconsidered after

Gissel

when it was remanded to the Board by the Fourth Circuit. The Board then found by supplemental decision: “The coercive effects of the Respondent’s unfair labor practices cannot be eliminated by traditional remedies, and were of such a nature as to make a fair election doubtful, if not impossible.”

The crucial factual issue decided by the Board was that the employee largely responsible for respondent’s violations was a supervisor, and we conclude that there is substantial evidence on the record as a whole supporting this finding as well as the other findings of the Board.

Therefore, the Board’s orders as issued shall 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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