NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
PHIL-MODES, INC., AND HAROLD BERLIN, D/B/A BERLIN COAT MANUFACTURING CO., RESPONDENTS
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The court held that the respondent violated the National Labor Relations Act by coercing employees to withdraw union authorization and by refusing to recognize the union based on a clear majority of authorization cards.
The National Labor Relations Board sought enforcement of its orders finding that the respondent violated Section 8(a)(1) and 8(a)(5) of the NLRA. The …
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PER CURIAM:
The National Labor Relations Board seeks enforcement of orders based on findings that the respondent (the named parties, which constitute a single integrated enterprise) violated Section 8(a) (1) and 8(a) (5) of the National Labor Relations Act.1 29 U.S.C. § 158(a) (1) and (5).
We find substantial evidence to support the Board’s conclusion that the respondent violated Section 8(a) (1) by coercing employees to withdraw their union authorization. See NLRB v. South-land Paint Co., Inc., 5 Cir. May 8, 1968, No. 24275, 394 F. 2d 717, p. 720; NLRB v. Goodyear Tire & Rubber Co. Retread Plant, 5 Cir. May 6, 1968, No. 24663, 394 F. 2d 711, p. 712; Hendrix Mfg. Co. v. NLRB, 5 Cir. 1963, 321 F. 2d 100; NLRB v. Griggs Equipment Inc., 5 Cir. 1962, 307 F. 2d 275.
Likewise, we find substantial evidence to support the Board’s conclusion that the respondent violated Section 8(a) (5) and (1) by refusing to recognize the union on the basis of a clear majority of authorization cards. The respondent does not contend, nor could the record possibly support the conclusion, that the authorization cards were so tainted by misleading solicitation that the number of valid cards constituted less than a majority.2 Instead, the respondent attempts to convince us that the union majority had been extinguished by voluntary withdrawals not reported to the union before the union-management confrontation and that the refusal to bargain was based on a good faith doubt of union majority. The Trial Examiner and the Board, however, found that the respondent had actively coerced withdrawals in an attempt to break the card majority before the union’s request to bargain. The record amply supports the conclusion that, if the respondent had any doubt of a union majority, it could not possibly have been a good faith doubt. See NLRB v. Southeastern Rubber Mfg. Co., 5 Cir. 1954, 213 F. 2d 11,14-15; NLRB v. Quality Markets, Inc., 3 Cir. 1967, 387 F. 2d 20, 23-25. See also NLRB v. Goodyear Tire & Rubber Co. Retread Plant, 5 Cir. May 6, 1968, No. 24663, 394 F. 2d 711, pp. 712-713; NLRB v. Shurett, 5 Cir. 1963, 314 F. 2d 43.
The respondent asserts two additional points of error: (1) that the General Counsel has failed to prove that the appropriate bargaining unit set out by him in the complaint was correct; (2) that Respondent Berlin was deprived of adequate notice of the trial proceedings. Neither point has merit.
Enforced.
. The Board’s decision is reported at 159 N.L.R.B. 944 (1966).
. In two recent cases our Court has had occasion to analyze this issue in depth. NLRB v. Southland Paint Co., Inc., 5 Cir. May 8, 1968, No. 24275, 394 F. 2d 717, pp. 723-732; NLRB v. Lake Butler Apparel Co., 5 Cir. March 25, 1968, 392 F. 2d 76, pp. 79-82.
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Nat'l Labor Relations Bd. v. Gissel Packing Co., Inc., 395 U.S. 575 (U.S. 1969)
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Nat'l Labor Relations Bd. v. Haberman Constr. Co., 641 F.2d 351 (5th Cir. 1981)
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The Nat'l Cash Register Co. v. Nat'l Labor Relations Bd., 494 F.2d 189 (8th Cir. 1974)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hendrix Mfg. Co., Inc. v. Nat'l Labor Relations Bd., 321 F.2d 100 (5th Cir. 1963)
- Nat'l Labor Relations Bd. v. Griggs Equip., Inc., 307 F.2d 275 (5th Cir. 1962)
- Nat'l Labor Relations Bd. v. Southland Paint Co., Inc., 394 F.2d 717 (5th Cir. 1968)
- Nat'l Labor Relations Bd. v. Lake Butler Apparel Co., 392 F.2d 76 (5th Cir. 1968)
- Nat'l Labor Relations Bd. v. Se. Rubber MFG. Co., Inc., 213 F.2d 11 (5th Cir. 1954)
- Nat'l Labor Relations Bd. v. Quality Mkts., Inc., 387 F.2d 20 (3d Cir. 1967)
- Nat'l Labor Relations Bd. v. Shurett, 314 F.2d 43 (5th Cir. 1963)
- Nat'l Labor Relations Bd. v. Goodyear Tire & Rubber Co. Retread Plant, 394 F.2d 711 (5th Cir. 1968)