Opinion

S & W Motor Lines, Inc. v. National Labor Relations Board, and Teamsters Local Union No. 391, Intervenor

  • 621 F.2d 598
  • 104 L.R.R.M. (BNA) 2310
  • 1980 U.S. App. LEXIS 17992
Court
Court of Appeals for the Fourth Circuit
Filed
May 1, 1980
Status
Published
Author
Widener
On the bench
Murnaghan, Widener, Hall, Murna-Ghan
Cited by
5 cases

The opinion

*604 WIDENER, Circuit Judge,

concurring and dissenting:

I concur in all of Judge Murnaghan’s opinion except as it approves a finding of a § 8(a)(1) violation for payment of the $50 trip bonus to various drivers, and as to that part I respectfully dissent.

The opinion correctly recites the employer had experienced sabotage of equipment and other harassment reasonably attributed to the activities of the strikers. Violence, indeed, was rampant. The old contract had ended, and, while it is true that negotiations were being conducted concerning the terms of a new contract, I know of nothing in national labor law or policy which requires an employer to submit without opposition to sabotage, harassment, and violence by striking employees. If the sabotage, harassment, and violence were questionable, then I might join Judge Murnaghan’s opinion and accept findings of fact as to those matters, but since they are admitted, I do not believe it can fairly be called an unfair labor practice under § 8(a)(1) of the statute to pay a bonus in order to keep operating in the face of admitted sabotage, harassment, and violence. The opinion, I suggest, puts a premium on violence.

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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