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

> Court of Appeals for the D.C. Circuit · March 20, 1970 · 434 F.2d 473

URL: https://www.frixlaw.com/law-library/cases/8884102

## Case

- **Full name:** INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, AFL-CIO, LOCAL 806 v. NATIONAL LABOR RELATIONS BOARD, SNC Manufacturing Co., Inc., Intervenor NATIONAL LABOR RELATIONS BOARD v. SNC MANUFACTURING CO., Inc.
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** March 20, 1970
- **Citations:** 434 F.2d 473
- **Precedential status:** Published
- **Opinion:** Dissent by McGowan
- **Judges:** MacKinnon, McGowan, Tamm
- **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/8884102

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8884102. Public record. Not legal advice.