Opinion

International Union of Electrical, Radio & Machine Workers, AFL-CIO, Local 806 v. National Labor Relations Board

  • 434 F.2d 473
Court
Court of Appeals for the D.C. Circuit
Filed
Mar 20, 1970
Status
Published
Author
McGowan
On the bench
MacKinnon, McGowan, Tamm
Cited by
1 cases
Authority
More cited than 18.5%

The opinion

McGOWAN, Circuit Judge

(dissenting in part):

I join in the opinion for the court except with respect to the portion of the Board’s order directed to the no-solicitation rule. The rule as promulgated seems to me to be, in the court’s own characterization of the no-distribution rule (Note 11), at the very least “so vague as to what could be done in nonworking areas and on non-working time * * * that its coercive effect is undeniable.” It may be true that its application was not involved in this case, but the coincidental application made by the company of its related no-distribution rule was such as to intensify the possibly coercive effect of the ambiguities in the no-solicitation rule. I do not consider that actual application is necessary in order to authorize the Board to direct the clarification of a dangerously ambiguous rule. See Campbell Soup Co. v. NLRB, 380 F.2d 372 (5th Cir. 1967).

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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