Opinion

National Labor Relations Board v. Davis Transport, Inc.

  • 433 F.2d 363
  • 75 L.R.R.M. (BNA) 2512
  • 1970 U.S. App. LEXIS 6895
Court
Court of Appeals for the Sixth Circuit
Filed
Oct 16, 1970
Status
Published
On the bench
Phillips, Peck, Brooks
Cited by
1 cases
Authority
More cited than 49.3%

The opinion

PER CURIAM ORDER.

The National Labor Relations Board seeks enforcement of its orders issued

*364

against the respondent, Davis Transport, Inc. The Board’s Decision and Order issued on January 31, 1968, is reported at 169 N.L.R.B. No. 80 and its Supplemental Decision and Order issued on January 27, 1970, is reported at 180 N.L.R.B. No. 148. The Board found violations of Section 8(a) (1) of the Act due to the respondent threatening its employees with reprisals, soliciting their withdrawal from the union and promising benefits for withdrawal. It was also found that Section 8(a) (3) and (1) were violated because certain employees were discharged by the respondent because of their union membership.

In this Court the respondent has abandoned its opposition to most of the Board’s findings of unfair labor practices and now contends only that the Board erroneously found that the respondent violated Section 8(a) (5) and (1) of the Act by refusing to bargain with the union. The crucial issue is whether the Board abused its discretion in determining what employees constituted an appropriate bargaining unit. We conclude that the Board has articulated substantial reasons for its determination of the appropriate bargaining unit which are supported by substantial evidence on the record as a whole.

Therefore, it is ordered that the orders of the Board 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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