Opinion

National Labor Relations Board v. Production Plated Plastics, Inc.

  • 663 F.2d 709
  • 109 L.R.R.M. (BNA) 2328
  • 1981 U.S. App. LEXIS 16194
Court
Court of Appeals for the Sixth Circuit
Filed
Nov 9, 1981
Status
Published
On the bench
Weick, Engel, Aldrich
Cited by
1 cases
Authority
More cited than 47.8%

The opinion

ORDER

This matter is before the court upon a petition of the National Labor Relations Board for enforcement of an order of the Board directing Production Plastics, Incorporated to bargain collectively with intervenor Union, to reinstate with backpay certain discharged employees and to cease and desist certain practices that the Board found unfair, including the company’s decision to deny its employees a Christmas bonus after the union had won the election. The Board’s decision and order are reported at 247 NLRB No. 76 (1980).

Upon a consideration of the record as a whole, the court is of the opinion that, contrary to the assertion of respondent, there was not sufficient evidence presented to the Board to have required the holding of a hearing.

See NLRB v. Tennessee Packers,

379 F.2d 172 (6th Cir.),

cert. denied,

389 U.S. 958 , 88 S.Ct. 338 , 19 L.Ed.2d 364 (1967).

It was also asserted that two employees acted as agents of the Union while making threats to fellow employees during the union representation campaign. Irrespective of whether those employees were

*710

agents, the limited nature of their conduct, the subsequent apologies by the employees, the absence of any violence in the campaign and the sizable union majority in the election all provided overwhelming evidence that nothing which happened could have destroyed the laboratory conditions for the election. The court is further of the opinion that substantial evidence supports the decision of the Board in all other respects. Accordingly,

The order of the Board is 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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