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

> Court of Appeals for the Fourth Circuit · May 1, 1980 · 621 F.2d 598

URL: https://www.frixlaw.com/law-library/cases/9466720

## Case

- **Full name:** S & W MOTOR LINES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Teamsters Local Union No. 391, Intervenor
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** May 1, 1980
- **Citations:** 621 F.2d 598; 104 L.R.R.M. (BNA) 2310; 1980 U.S. App. LEXIS 17992
- **Precedential status:** Published
- **Opinion:** Concurrence by Widener
- **Judges:** Murnaghan, Widener, Hall, Murna-Ghan
- **Cited by:** 5 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/9466720

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466720. Public record. Not legal advice.