Opinion

National Labor Relations Board v. Winn-Dixie Stores, Inc.

  • 361 F.2d 512
  • 62 L.R.R.M. (BNA) 2218
  • 1966 U.S. App. LEXIS 6094
Court
Court of Appeals for the Fifth Circuit
Filed
May 19, 1966
Status
Published
Author
Jones
On the bench
Jones, Phillips, Brown
Cited by
29 cases

“While there was a duty on the part of Winn-Dixie to consult and bargain with the Union as the employees’ representative before discontinuing its cheese cutting and prepackaging operation at its Jacksonville warehouse, we do not think at this late date it should be required to bargain with the Union as to its reestablishment. That, because under the facts proven by un contradicted evidence, we think Winn-Dixie, for good and sufficient reasons, would undoubtedly refuse to reestablish such operation and that to bargain with respect to such reestablishment would be a ‘mere exercise in futility.’ ”

How later courts described this case

  • “While there was a duty on the part of Winn-Dixie to consult and bargain with the Union as the employees’ representative before discontinuing its cheese cutting and prepackaging operation at its Jacksonville warehouse, we do not think at this late date it should be required to bargain with the Union as to its reestablishment. That, because under the facts proven by un contradicted evidence, we think Winn-Dixie, for good and sufficient reasons, would undoubtedly refuse to reestablish such operation and that to bargain with respect to such reestablishment would be a ‘mere exercise in futility.’ ”

Written by the judges who cited it.

The opinion

JONES, Circuit Judge

(dissenting):

The facts, as stated by the majority, appear to me as the disclosure of a situation clearly within the exclusive prerogatives of management in all of its phases. Therefore, I dissent.

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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