# National Labor Relations Board v. Great Atlantic & Pacific Tea Company

> Court of Appeals for the Fifth Circuit · April 26, 1960 · 277 F.2d 759

URL: https://www.frixlaw.com/law-library/cases/9447327

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, Respondent
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** April 26, 1960
- **Citations:** 277 F.2d 759; 46 L.R.R.M. (BNA) 2055; 1960 U.S. App. LEXIS 4731
- **Precedential status:** Published
- **Opinion:** Dissent by Jones
- **Judges:** Jones, Tuttle, Brown
- **Cited by:** 15 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/9447327

## Opinion text

JONES, Circuit Judge
(dissenting in part).
By the opinion of the majority it is held that, although the employer may forbid union solicitation of one employee by another on working time in a work area, the employer cannot prohibit what is called “simple exchange of information” among employees. How a determination is to be made and by whom it is to be made as to what is solicitation and what is simple exchange of information is not indicated. Since, as is stated, the employer “may expect full and undiverted attention to its affairs while the employee is actively at the post of his duties,” it seems to me that the employer should be permitted to forbid union activity by its employees in working areas during working time whether such activity be called solicitation or be called simple exchange of information.
It does not appear to me that the record calls for the so-called catchall clause and I do not think there should be any enforcement of it. Cf. N.L.R.B. v. Local 926, International Union of Operating Engineers, AFL-CIO, 5 Cir., 1959, 267 F.2d 418 .
On the other matters decided, I am in agreement with the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9447327. Public record. Not legal advice.