NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
BONHAM COTTON MILLS, INC., RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the evidence was sufficient to sustain the Board's findings of refusal to bargain in good faith and improper surveillance, and therefore enforced the order.
Respondent, a textile manufacturer, engaged in prolonged negotiations with a certified union representative. During these negotiations, the employer g…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Refusal To Bargain In Good Faith cases and more on FLexlaw
PER CURIAM.
This case raises the question of the sufficiency of the evidence to sustain the Board’s findings of refusal to bargain in good faith and improper surveillance of a union meeting in violation of Section 8(a) (1) and (5) of the Act, 29 U.S. C.A. § 158(a) (1) and (5).
We find the evidence sufficient and enforce the order. Respondent is a textile manufacturing concern in Bonham, Texas. Early in 1956 the United Textile Workers of America, AFL-CIO, was certified as the bargaining representative of Respondent’s employees. Shortly thereafter and continuing past the filing date of the present complaint, a period of over a year, the parties engaged in prolonged negotiations. Some eleven meetings were held during which agreements were reached on several matters. The questions of pay raises and workloads, however, were constantly in dispute.
Disregarding the controversy over who is at fault, the Union or the Employer or neither for protracted non-productive bargaining, the Employer’s action in two respects was sufficient to warrant a finding of a refusal to bargain in good faith. The Employer granted unilateral wage increases without consulting the bargaining representative and likewise made substantial changes in the workloads of some employees. In the atmosphere of this case, including the § 8(a) (1) interference which was essentially a fact issue for the Board, these two actions amounted to a failure to bargain as well as unfair labor practices.
N. L.
R. B. v. Crompton-Highland Mills, Inc., 1949, 337 U.S. 217, 69 S.Ct. 960, 93 L.Ed. 1320; Armstrong Cork Co. v.
N. L.
R. B., 5 Cir., 1954, 211 F. 2d 843; N.
L. R. B. v. Herman Sausage Co., 5 Cir., 1960, 275 F. 2d 229. See also N.
L. R. B. v. Fant Milling Co., 1959, 360 U.S. 301, 79 S.Ct. 1179, 3 L.Ed.2d 1243, enforced on remand, 5 Cir., 272 F. 2d 773. Of course surveillance of a union meeting has often been condemned as a Section 8(a) (1) violation.
N. L.
R. B. v. Dan River Mills, Inc., 5 Cir., 1960, 274 F. 2d 381, 384.
Enforced.
CAMERON, Circuit Judge, concurs in the result.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nat'l Labor Relations Bd. v. Fitzgerald Mills Corp., 313 F.2d 260 (2d Cir. 1963)
-
Gallenkamp Stores Co. v. Nat'l Labor Relations Bd., 402 F.2d 525 (9th Cir. 1968)
-
Nat'l Labor Relations Bd. v. Comfort, Inc., 365 F.2d 867 (8th Cir. 1966)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nat'l Labor Relations Bd. v. Crompton-Highland Mills, Inc., 337 U.S. 217 (U.S. 1949)
- Nat'l Labor Relations Bd. v. Fant Milling Co., 360 U.S. 301 (U.S. 1959)
- Nat'l Labor Relations Bd. v. Herman Sausage Co., Inc., 275 F.2d 229 (5th Cir. 1960)
- Nat'l Labor Relations Bd. v. Mills, 274 F.2d 381 (5th Cir. 1960)
- Armstrong Cork Co. v. Nat'l Labor Relations Bd., 211 F.2d 843 (5th Cir. 1954)
- Nat'l Labor Relations Bd. v. Fant Milling Co., 272 F.2d 773 (5th Cir. 1959)