Opinion

National Labor Relations Board v. Associated Dry Goods Corp. (Lord & Taylor Division)

  • 209 F.2d 593
  • 33 L.R.R.M. (BNA) 2338
  • 1954 U.S. App. LEXIS 3714
Court
Court of Appeals for the Second Circuit
Filed
Jan 5, 1954
Status
Published
Author
Clark
On the bench
Clark, Chase, Brennan
Cited by
7 cases
Authority
More cited than 24.6%

The opinion

CLARK, Circuit Judge

(dissenting).

In N. L. R. B. v. Syracuse Color Press, Inc., 2 Cir., 209 F.2d 596 , we have upheld the Board in finding coercion in the pointed cross-examination of five employees as to union organizing activities within the plant. It seems to me the present case, involving persistent questioning along the same line of a single key employee, comes within essentially the same rationale. For my part I do not see a distinction of law between “the aroma of coercion” affecting one union member over a period of some months and that affecting several employees substantially all at one time. In either case there would seem to be a sound basis in the evidence from which the Board could and should draw such conclusions as in the light of its experience and responsibility it felt the circumstances to require. I would grant enforcement of the order.

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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