Opinion

National Labor Relations Board v. V & H Industries, Inc.

  • 433 F.2d 9
  • 75 L.R.R.M. (BNA) 2604
  • 1970 U.S. App. LEXIS 6831
Court
Court of Appeals for the Second Circuit
Filed
Oct 21, 1970
Status
Published
On the bench
Danaher, Friendly, Hays, Per Curiam
Cited by
4 cases
Authority
More cited than 57.7%

The opinion

PER CURIAM:

The National Labor Relations Board petitions for enforcement of its orders requiring respondent V & H Industries, Inc. to cease and desist from certain unfair labor practices, to reinstate with back pay employees William Bieniek, Norman Kwasniewski, James Borowik and Allen Schmidt who were discriminatorily laid off, to reinstate with back pay employee Rita Kwasniewski who the Board found was not returned to work because of her testimony before the Board, and to bargain with the Union (International Union of Electrical, Radio and Machine Workers) upon request.

The Board’s findings that the Employer violated Section 8(a) (1) of the National Labor Relations Act, 29 U.S.C. § 158 (a) (1), by threatening its employees with reprisals for engaging in union activities, are supported by substantial evidence on the record as a whole, as are the findings that four employees were laid off in violation of Section 8(a) (3) and 8(a) (1) for union activity and another employee was refused reinstatement in violation of Section 8(a) (4) and 8(a) (1) because of her testimony at a Board hearing.

There is also substantial evidence on the record as a whole to support the Board’s finding that the Employer violated Section 8(a) (5) and 8(a) (1) by refusing to recognize and bargain with the Union.

The Employer’s unfair labor practices justify the Board in imposing a bargaining order. N.L.R.B. v. Gissel Packing Co., Inc., 395 U.S. 575 , 89 S.Ct. 1918 , 23 L.Ed.2d 547 (1969). Under the

Gissel

case the choice of an appropriate remedy is entrusted largely to the Board’s expertise. N.L.R.B. v. Gissel Packing Co., Inc.,

supra

at n. 32. The Board made the required finding that a fair election was not possible and no reason is advanced which would authorize us to reject that finding.

Order 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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