# National Labor Relations Board v. Davis Transport, Inc.

> Court of Appeals for the Sixth Circuit · October 16, 1970 · 433 F.2d 363

URL: https://www.frixlaw.com/law-library/cases/292809

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DAVIS TRANSPORT, INC., Respondent
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** October 16, 1970
- **Citations:** 433 F.2d 363; 75 L.R.R.M. (BNA) 2512; 1970 U.S. App. LEXIS 6895
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Phillips, Peck, Brooks
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/292809

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/292809. Public record. Not legal advice.