NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
GARLAND KNITTING MILLS OF GEORGIA, 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 Board's findings of violations of the National Labor Relations Act were supported by substantial evidence and thus the petition for enforcement of the Board's order was granted.
The National Labor Relations Board found that Garland Knitting Mills of Georgia, Inc. committed violations of Sections 8(a)(1) and 8(a)(3) of the Nati…
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 Threats Of Discharge cases and more on FLexlaw
PER CURIAM:
The Board petitions for enforcement of an order against Garland Knitting Mills of Georgia, Inc., for having committed at their plant in Warrenton, Georgia, violations of Sections 8(a) (1) and 8(a) (3) of the National Labor Relations Act (29 U.S.C. § 151 et seq.). Having studied the briefs and record, we have determined that the petition for enforcement is appropriate for summary disposition without oral argument. Pursuant to new Rule 18 of the Rules of the United States Court of Appeals for the Fifth Circuit, the Clerk of this Court has been directed to place this case on the summary calendar and notify the parties in writing.1
The merits of the case can be disposed of on the basis of the briefs and the record.
Briefly, the Board found that the Company violated Section 8(a) (1) of the Act by coercively interrogating employees, threatening employees with discharge, creating the impression of surveillance, promising benefits to encourage employees to refrain from union activities, withholding benefits to discourage union activities, and conditioning reemployment of an employee on his withdrawal of support for the Union. There is substantial evidence on the record, as a whole, which supports the Board’s findings that the Company violated Section 8(a) (1) of the Act. N. L. R. B. v. Link-Belt Co., 311 U.S. 584, 61 S.Ct. 358, 85 L.Ed. 368.
The Board further found that Garland violated Section 8(a) (3) and (1) of the Act by unlawfully discharging, laying off, and failing to reinstate or recall six employees in order to discourage union activity and membership. A perusal of the whole record shows substantial evidence to support the Board’s findings that the Company violated Section 8(a) (3) and (1). Although there were conflicting inferences of discriminatory or non-discriminatory employer motivation, the choice between two fairly conflicting views and inferences is primarily the province of the Board. N. L. R. B. v. Plymouth Cordage Co., 381 F. 2d 710, 711 (5 Cir., 1967).
Order enforced.
. In order to establish a docket control procedure, the Fifth Circuit adopted new Rules 17-20 on December 6, 1968. For a general discussion of the need for and propriety of summary review of certain appeals, see Groendyke Transport, Inc. v. Davis, 5th Cir. 1969, 406 F. 2d 1158 [January 2, 1969]. For cases heretofore placed on summary calendar, see Wittner v. United States of America, 5th Cir. 1969, 406 F. 2d 1165 [January 23, 1969] ; United States of America v. One Olivetti Electric 10-Key Adding Machine, etc., 5th Cir. 1969, 406 F. 2d 1167 [January 23, 1969] ; and United States of America v. One 6.5 mm. Mannlicher-Carcano Military Rifle, etc. and John J. King, 5th Cir. 1969, 406 F. 2d 1170 [January 23, 1969].
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Midwest Reg'l Joint Bd., Amalgamated Clothing Workers of Am., Afl-Cio v. Nat'l Labor Relations Bd., 564 F.2d 434 (D.C. Cir. 1977)
-
Jackson C. Floyd v. Resor, 409 F.2d 714 (5th Cir. 1969)
-
Nat'l Labor Relations Bd. v. United Sanitation Serv., 737 F.2d 936 (11th Cir. 1984)
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
- Nat'l Labor Relations Bd. v. Link-Belt Co., 311 U.S. 584 (U.S. 1941)
- Groendyke Transp., Inc. v. Davis, 406 F.2d 1158 (5th Cir. 1969)
- Wittner v. United States, 406 F.2d 1165 (5th Cir. 1969)
- United States v. ONE Olivetti Elec. 10-KEY Adding Mach., 406 F.2d 1167 (5th Cir. 1969)
- United States v. ONE 6.5 MM. Mannlicher-Carcano Mil. Rifle, 406 F.2d 1170 (5th Cir. 1969)
- Nat'l Labor Relations Bd. v. Plymouth Cordage Co., 381 F.2d 710 (5th Cir. 1967)