Opinion

National Labor Relations Board v. Hi-Tech Cable Corporation, a Subsidiary of Southwire Company

  • 128 F.3d 271
  • 156 L.R.R.M. (BNA) 2940
  • 1997 U.S. App. LEXIS 32079
Court
Court of Appeals for the Fifth Circuit
Filed
Nov 14, 1997
Status
Published
Author
Wisdom
On the bench
Wisdom, Duhé, Barksdale
Cited by
7 cases

holding that the temporal proximity between the unfair labor practices and the withdrawal of recognition allows for a conclusion that employees’ display of disaffection for their union might have been induced by the company’s unlawful actions

How later courts described this case

  • holding that the temporal proximity between the unfair labor practices and the withdrawal of recognition allows for a conclusion that employees’ display of disaffection for their union might have been induced by the company’s unlawful actions
  • concluding that bargaining conduct was not linked to isolated unlawful statements to employee

Written by the judges who cited it.

The opinion

JOHN MINOR WISDOM, Circuit Judge,

specially concurring.

I am satisfied that Hi-Tech approached the bargaining process in good faith.

While I applaud the Company’s insistence on taking steps to preserve the health of its work force, I believe that the Company might have given some consideration to the fact that many of its current, tobacco-addicted employees were hired at a time when smoking was permitted.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.