NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
ART METALCRAFT PLATING CO., INC., RESPONDENT

3d Cir. | 1962-05-22
No. 13880
303 F.2d 478 United States Court of Appeals for the Third Circuit (1962) Positive Treatment
Cited by 9 cases

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Holding

The court held that the National Labor Relations Board's order should be enforced based on substantial evidence of the Respondent's violations of the National Labor Relations Act.


Facts & Procedural History

Respondent violated the National Labor Relations Act by refusing to bargain with the Union, threatening plant closure, and discharging/laying off empl…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

It is not contested here that (1) Respondent violated Section 8(a) (5) and (1) of the National Labor Relations Act as amended 29 U.S.C.A. § 158(a) (1, 5) by refusing to bargain upon request with the Union at a time when the latter represented a majority of Respondent’s employees in an appropriate unit and (2) that Respondent violated Section 8(a) (1) of the Act as amended by threatening to close its plant in reprisal for its employees’ union interest and activity.

The record in this proceeding gives firm support for the decision of the Board that Respondent had violated Section 8 (a) (3) and (1) of the Act as amended by the layoff of three employees and the discharge of eight other employees to prevent unionization of its plant. Substantial evidence in the record also justifies the Board’s finding (and its consequent back pay order) that the Respondent did not unconditionally offer reinstatement to the employees involved until July 22, 1960.

The order of the Board will be enforced. A proposed decree to that effect may be submitted.


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