NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
COMMERCE COMPANY D/B/A LAMAR HOTEL, RESPONDENT
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The court held that the National Labor Relations Board's action in extending a union's certification period due to the employer's prior failure to bargain was within its powers and reasonable.
The employer refused to bargain with a union, believing it had lost majority support. The National Labor Relations Board extended the union's certific…
The full statement of facts, procedural history, and disposition for this case are member content.
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HUTCHESON, Circuit Judge.
This is not at all a run of the mine case. The order of the board was based •not on a finding that the failure to bargain, to which the board’s order was directed, occurred within the first year of ■certification, but on the ground that, under the board’s decision in Mar-Jac Poultry Co., Inc., 136 NLRB 785, the board had the right, because of respondent’s failure to bargain during part of "the first year, to extend the year for a period equivalent to that part of the year in which the respondent had failed to bargain.
Respondent insists that it had taken its action in refusing to bargain in the good faith belief that the union, which had been certified, had lost its majority and that the board’s action upon the pretended authority of the Mar-Jac Poultry case, supra, in extending the union’s certification period for an additional time, was invalid because neither statute nor decision authorizes such action.
In support of this view, respondent cites and strongly relies on N. L. R. B. v. Minute Maid, 283 F. 2d 705 (5th Cir.) and N. L. R. B. v. Florida Citrus Canners Coop., 288 F. 2d 630 (5th Cir.).
The board, citing and relying on N. L. R. B. v. Sonics Corp., 1 Cir., 312 F. 2d 610, Brooks v. N. L. R. B., 348 U.S. 96, 75 S.Ct. 176, 99 L.Ed. 125, N. L. R. B. v. Sharon Hats, Inc., 5 Cir., 289 F. 2d 628, Superior Engraving Co. v. N. L. R. B., 7 Cir., 183 F. 2d 783, and Franks Bros. Co. v. N. L. R. B., 321 U.S. 702, 64 S.Ct. 817, 88 L.Ed. 1020, insists that the board was right and the respondent wrong.
A careful reading of the briefs and cases cited by both sides and consideration of the oral arguments convince us: that there is a good deal of weight in the board’s position, that its action in this case was not beyond its powers; and, in view of the undisputed evidence as to earlier failure to bargain, we think the board’s action, in making the order dismissing the decertification petition and granting the union an additional six months beyond the certification year in which to bargain, was reasonable and proper. Enforced.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gen. Elec. Co. v. Nat'l Labor Relations Bd., 400 F.2d 713 (5th Cir. 1968)
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Nat'l Labor Relations Bd. v. Burnett Constr. Co., 350 F.2d 57 (10th Cir. 1965)
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Nat'l Labor Relations Bd. v. Schill Steel Prods., Inc., 480 F.2d 586 (5th Cir. 1973)
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brooks v. Nat'l Labor Relations Bd., 348 U.S. 96 (U.S. 1954)
- Franks Bros. Co. v. Nat'l Labor Relations Bd., 321 U.S. 702 (U.S. 1944)
- Superior Engraving Co. v. Nat'l Labor Relations Bd., 183 F.2d 783 (7th Cir. 1950)
- Nat'l Labor Relations Bd. v. Fla. Citrus Canners Coop., 288 F.2d 630 (5th Cir. 1961)
- Nat'l Labor Relations Bd. v. Minute Maid Corp., 283 F.2d 705 (5th Cir. 1960)
- Nat'l Labor Relations Bd. v. U. S. Sonics Corp., 312 F.2d 610 (1st Cir. 1963)
- Nat'l Labor Relations Bd. v. Hats, 289 F.2d 628 (5th Cir. 1961)