Opinion

National Labor Relations Board v. Heck's Inc.

  • 386 F.2d 317
  • 66 L.R.R.M. (BNA) 2495
  • 1967 U.S. App. LEXIS 4881
Court
Court of Appeals for the Fourth Circuit
Filed
Oct 12, 1967
Status
Published
Author
Craven
On the bench
Boreman, Winter, Craven
Cited by
30 cases

“well settled that enforcement of otherwise valid rule only against those engaging in union activities is discriminatory”

How later courts described this case

  • “well settled that enforcement of otherwise valid rule only against those engaging in union activities is discriminatory”

Written by the judges who cited it.

The opinion

CRAVEN, Circuit Judge

(concurring and dissenting):

I concur in the decision of the court with respect to the § 8(a) (1) and § 8(a) (3) violations. I dissent from the court’s refusal to accept as supported by substantial evidence the Board’s determination of a violation of § 8(a) (5). I find it incredible that an employee of this anti-union company could doubt his ability to obtain protection from the tyranny of a union-sympathizing supervisor. Indeed, the record strongly suggests that an employee needed only to report to top management such a supervisor to secure the latter’s dismissal. In any event, such questions, it seems to me, are for Board determination, and I would enforce the Board’s order requiring the company to bargain.

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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