Opinion

National Labor Relations Board v. Webcor Packaging, Inc.

  • 118 F.3d 1115
  • 155 L.R.R.M. (BNA) 2791
  • 1997 U.S. App. LEXIS 17342
Court
Court of Appeals for the Sixth Circuit
Filed
Jul 11, 1997
Status
Published
Author
Guy
On the bench
Guy, Moore, Cole
Cited by
43 cases

explaining that courts must defer to the Board’s interpretation of the NLRA if the Board’s construction is a reasonable one

How later courts described this case

  • explaining that courts must defer to the Board’s interpretation of the NLRA if the Board’s construction is a reasonable one
  • deferring to the Board’s definition of “labor organization,” but noting difference in deference given to Board’s reasonable interpretation of the NLRA as opposed to its interpretation of Supreme Court precedent construing the Act
  • applying Lechmere to handbilling by non-employee union representatives urging a boycott of a nonunion store at a strip mall
  • applying Chevron to NLRB interpretations of the NLRA

Written by the judges who cited it.

The opinion

RALPH B. GUY, Jr., Circuit Judge,

concurring in the result only.

Because I believe that the result reached in this ease no longer reflects congressional intent, it is with the greatest of reluctance that I concur. But for a presidential veto of amendatory legislation passed by Congress, what Webeor attempted to do here would be viewed against the backdrop of legislation more hospitable to concepts like plant councils.

In a similar vein, gratuitous on my part though it may be, I believe that the Board exceeded its authority when it ordered a new election. There is nothing in the record to indicate that the rejection of the union in the first election represented other than the clear will of a majority of the employees. The Plant Council at issue here was not even formed until after the election.

I realize, of course, that this issue is not now before us, and so I agree that we must enforce the Board’s order.

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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