Opinion

National Labor Relations Board v. Monroe Auto Equipment Co., Hartwell Division

  • 420 F.2d 861
Court
Court of Appeals for the Fifth Circuit
Filed
Mar 26, 1970
Status
Published
Author
Coleman
On the bench
Coleman, Tuttle, Simpson
Cited by
3 cases

The opinion

COLEMAN, Circuit Judge

(dissenting).

I respectfully dissent.

The disgruntled employee was transferred to another job on the same shift and with the same pay. This was hardly discriminatory, unless an employee has a right to choose his work regardless of the needs or wishes of his employer. The effect of the majority decision, I fear, is that an employer cannot manage the internal operations of his shop if he has committed an unfair labor practice in some other instance. This is beyond the intent of the Act. I think the Trial Examiner, rather than the Board, applied the correct legal standard.

With deference, I would deny enforcement.

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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