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

> Court of Appeals for the Fifth Circuit · March 26, 1970 · 420 F.2d 861

URL: https://www.frixlaw.com/law-library/cases/9455207

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MONROE AUTO EQUIPMENT CO., HARTWELL DIVISION, Respondent
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** March 26, 1970
- **Citations:** 420 F.2d 861
- **Precedential status:** Published
- **Opinion:** Dissent by Coleman
- **Judges:** Coleman, Tuttle, Simpson
- **Cited by:** 3 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/9455207

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9455207. Public record. Not legal advice.