# National Labor Relations Board v. Webcor Packaging, Inc.

> Court of Appeals for the Sixth Circuit · July 11, 1997 · 118 F.3d 1115

URL: https://www.frixlaw.com/law-library/cases/9490476

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. WEBCOR PACKAGING, INC., Respondent
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** July 11, 1997
- **Citations:** 118 F.3d 1115; 155 L.R.R.M. (BNA) 2791; 1997 U.S. App. LEXIS 17342
- **Precedential status:** Published
- **Opinion:** Concurrence by Guy
- **Judges:** Guy, Moore, Cole
- **Cited by:** 43 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/9490476

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9490476. Public record. Not legal advice.