Opinion

Lundy Packing Co. v. National Labor Relations Board

  • 549 F.2d 300
Court
Court of Appeals for the Fourth Circuit
Filed
Jan 26, 1977
Status
Published
On the bench
Field, Russell, Winter
Cited by
1 cases
Authority
More cited than 52.3%

The opinion

PER CURIAM.

In this proceeding the petitioner-employer seeks to review and set aside an order of the National Labor Relations Board finding it guilty of unfair labor practices in a number of particulars and providing certain remedial relief. 1 The Board, in turn, cross-petitions for enforcement of its order, and Local 525, Meat, Food and Allied Workers Union, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO has intervened in support of the Board.

We enforce the order of the Board except for its finding that the speech of the petitioner’s president to the employees was “unlawfully coercive” in violation of the Act. In our opinion such speech constituted protected speech and may not be found to be a violation of the Act. NLRB v. Gissel Packing Co. (1969) 395 U.S. 575, 616-20 , 89 S.Ct. 1918 , 23 L.Ed.2d 547 ; N.L.R.B. v. Threads, Incorporated (4th Cir. 1962) 308 F.2d 1 at 8 and 9; N.L.R.B. v. Ogle Protection Service, Inc. (6th Cir. 1967) 375 F.2d 497 at 505 . The other findings and conclusions of the Board, on the other hand, are supported by substantial evidence, and the order of the Board will be enforced as to them.

ENFORCEMENT GRANTED IN PART AND DENIED IN PART.

. 223 NLRB No. 36 .

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.