NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
BROTHERHOOD OF TEAMSTERS & AUTO TRUCK DRIVERS, LOCAL NO. 70, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, RESPONDENT
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The court held that the National Labor Relations Board's (NLRB) decision and order were supported by substantial evidence and should be enforced.
The NLRB issued a decision and order against a union. The court reviewed the record and found the NLRB's factual determinations were supported by subs…
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PER CURIAM:
The petitioning Board’s Decision and Order is reported at 197 NLRB No. 24. Our review of the record convinces us that the Board’s critical factual determinations are supported by substantial evidence.
We need not decide whether an agreement to extend a collective bargaining contract beyond its stated term must be express to be enforceable. The trial examiner, whose findings the Board adopted, considered both verbal statements and conduct by the parties. He concluded that no contract of any kind existed during the relevant period.
The Union’s alternative contention, that the new contract was effective as soon as agreement was reached, was not raised before the trial examiner or the Board. We therefore decline to consider it.
Finally, we cannot disturb the Board’s broad remedy. It is supported by facts showing a proclivity by the Union to violate the same sections of the National Labor Relations Act involved here. NLRB v. Express Publishing Co., 312 U.S. 426, 61 S.Ct. 693, 85 L.Ed. 930 (1941); NLRB v. Brotherhood of Carpenters, 321 F. 2d 126 (9th Cir. 1963).
Accordingly, the Board’s Order will be enforced.
*
Honorable Fred M. Taylor, United States Patriot Judge, District of Idaho, sitting by designation.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nat'l Labor Relations Bd. v. Mrs. Gladys Selvin, 527 F.2d 1273 (9th Cir. 1975)
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Johnson v. Hayes McDOLE, 526 F.2d 710 (5th Cir. 1976)
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Nat'l Labor Relations Bd. v. Sequoia Dist. Council OF Carpenters, 499 F.2d 129 (9th Cir. 1974)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nat'l Labor Relations Bd. v. Express Publ'g Co., 312 U.S. 426 (U.S. 1941)
- Nat'l Labor Relations Bd. v. United Bhd. of Carpenters & Joiners of Am., 321 F.2d 126 (9th Cir. 1963)