WILMINGTON HEATING SERVICE, INC., PETITIONER,
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT
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The court held that there was substantial evidence to support the Board's findings that the petitioner violated the Act by threatening an employee and granting wage increases to influence an election, and by refusing to bargain with the union.
The petitioner was found by the Board to have threatened an employee with discharge for voting for a union, granted wage increases to influence an ele…
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PER CURIAM.
From our own examination of the record in this petition for review we find that there is substantial evidence on the whole case which fully justifies the findings of the Board that, petitioner violated Section 8(a) (1) of the Act by threatening employee James C. Ryan, Jr., with discharge if he voted for the union.
N. L.
R. B. v. G & J Co., 346 F. 2d 960, 961 (3 Cir. 1965); N.
L. R. B. v. Buitoni Foods Corporation, 298 F. 2d 169, 173-174 (3 Cir. 1962); N.
L. R. B. v. Morris Fishman & Sons, 278 F. 2d 792 (3 Cir. 1960). We further find that there is substantial evidence on the whole case which strongly supports the Board’s finding that petitioner violated Section 8(a) (1) of the Act by granting wage increases in order to influence the outcome of a representation election conducted by the Board.
N. L.
R. B. v. Exchange Parts Co., 375 U.S. 405, 409, 84 S.Ct. 457, 11 L.Ed.2d 435 (1964); Lincoln Mfg. Co. v.
N. L.
R. B., 382 F. 2d 411, 414 (7 Cir. 1967), cert. den. 389 U.S. 972, 88 S.Ct. 470, 19 L.Ed.2d 463 (1967); N.
L. R. B. v. Tidelands Marine Service, Inc., 339 F. 2d 291, 293 (5 Cir. 1964).
Also from our said examination of the record in this petition we find that there is ample evidence on the whole case which furnishes a thoroughly sound basis for the holding of the Board that petitioner violated Section 8(a) (5) and (1) of the Act by refusing to recognize and bargain with the union. N. L. R. B. v. Gissel Packing Co., 395 U.S. 575, 89 S.Ct. 1918, 23 L.Ed.2d 547 (June 16, 1969); United Mine Workers of America v. Arkansas Oak Flooring Co., 351 U.S. 62, 71-72, 76 S.Ct. 559, 100 L.Ed. 941 (1956); N. L. R. B. v. Quality Markets, Inc., 387 F. 2d 20, 24 (3 Cir. 1967); N. L. R. B. v. Frank C. Varney Co., 359 F. 2d 774, 775-776 (3 Cir. 1966).
The petition for review will be denied and the Board’s order enforced in full. The Board will submit proposed form of decree.
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Citator
Cited By
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Nat'l Labor Relations Bd. v. Colonial Knitting Corp., 464 F.2d 949 (3d Cir. 1972)
Authorities Cited (12 total)
- Nat'l Labor Relations Bd. v. Gissel Packing Co., Inc., 395 U.S. 575 (U.S. 1969)
- Nat'l Labor Relations Bd. v. Exch. Parts Co., 375 U.S. 405 (U.S. 1964)
- United Mine Workers of Am. v. Ark. Oak Flooring Co., 351 U.S. 62 (U.S. 1956)
- Nat'l Labor Relations Bd. v. Buitoni Foods Corp., 298 F.2d 169 (3d Cir. 1962)
- Nat'l Labor Relations Bd. v. Morris Fishman & Sons, Inc., 278 F.2d 792 (3d Cir. 1960)
- Nat'l Labor Relations Bd. v. Quality Mkts., Inc., 387 F.2d 20 (3d Cir. 1967)
- Lincoln Mfg. Co., Inc. v. Nat'l Labor Relations Bd., 382 F.2d 411 (7th Cir. 1967)
- Nat'l Labor Relations Bd. v. Frank C. Varney Co., Inc., 359 F.2d 774 (3d Cir. 1966)
- Nat'l Labor Relations Bd. v. Tidelands Marine Serv., Inc., 339 F.2d 291 (5th Cir. 1964)
- Nat'l Labor Relations Bd. v. G & J Co., Inc., 346 F.2d 960 (3d Cir. 1965)