# Shell Oil Company v. National Labor Relations Board

> Court of Appeals for the Ninth Circuit · March 24, 1972 · 457 F.2d 615

URL: https://www.frixlaw.com/law-library/cases/9457952

## Case

- **Full name:** SHELL OIL COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** March 24, 1972
- **Citations:** 457 F.2d 615; 79 L.R.R.M. (BNA) 2997; 1972 U.S. App. LEXIS 10536
- **Precedential status:** Published
- **Opinion:** Concurrence by William Byrne
- **Judges:** Chambers, Wright, Byrne
- **Cited by:** 29 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/9457952

## Opinion text

WILLIAM M. BYRNE
(concurring):
I concur in the result.
Although an employer has the “general obligation” of providing the Union relevant information in order that it may effectively represent the unit employees, N. L. R. B. v. Acme Industrial Co., 385 U.S. 432, 435-436 , 87 S.Ct. 565 , 17 L.Ed.2d 495 (1967), each case rests upon its own facts, “whether or not under the circumstances * * * the statutory obligation to bargain in good faith has been met.” N. L. R. B. v. Truitt Manufacturing Co., 351 U.S. 149, 153-154 , 76 S.Ct. 753, 756 , 100 L.Ed. 1027 (1956).
I agree with the Trial Examiner that, under the circumstances as shown by the *621 evidence in this case, including the General Counsel’s admission that the Union had not offered any assurance that confidentiality of the list would or could be maintained, the Company’s fear of harassment of non-union employees, reasonably justified its refusal to supply the list requested by the Union.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9457952. Public record. Not legal advice.