# Free-Flow Packaging Corporation v. National Labor Relations Board

> Court of Appeals for the Ninth Circuit · January 4, 1978 · 566 F.2d 1124

URL: https://www.frixlaw.com/law-library/cases/9464364

## Case

- **Full name:** FREE-FLOW PACKAGING CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** January 4, 1978
- **Citations:** 566 F.2d 1124; 97 L.R.R.M. (BNA) 2750; 1978 U.S. App. LEXIS 13208
- **Precedential status:** Published
- **Opinion:** Concurring in part by Goodwin
- **Judges:** Merrill, Goodwin, Hoffman
- **Cited by:** 26 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/9464364

## How later opinions describe it (automated extraction)

- holding that failure to grant a wage increase could be lawfully motivated by a good-faith effort “to comply with the requirements of law”

## Opinion text

GOODWIN, Circuit Judge,
concurring and dissenting.
I concur in the majority’s disposition of all the issues except that dealing with the denial of the 1973 wage increase. Here, I would grant enforcement. The hearing officer had an ample evidentiary basis for the *1132 finding that the denial of the wage increase was motivated in part by a management expectation that the union would get the blame.
I am not persuaded by the “advice of counsel” defense. This is not a case of an employer who was faced with a true dilemma. The hearing officer had the right to believe the evidence that the plant manager had told at least one employee, after two years of successive matching pay increases, that, by joining the union, the employees had “blown it” for the next increase.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9464364. Public record. Not legal advice.