Wyatt Food Stores (Division of Kroger Company) v. National Labor Relations Board

U.S. Court of Appeals for the Fifth Circuit
Wyatt Food Stores (Division of Kroger Company) v. National Labor Relations Board, 287 F.2d 37 (5th Cir. 1961)
47 L.R.R.M. (BNA) 2663; 1961 U.S. App. LEXIS 5195

Wyatt Food Stores (Division of Kroger Company) v. National Labor Relations Board

Opinion

PER CURIAM.

This is an ordinary Labor Board case involving only a cease and desist order and no order for reinstatement. A reading of the intermediate report and the decision of the Board leaves us in no doubt that the Board’s order should be enforced. This is not a case, as petitioner seems to think, where the Board’s order interferes with the right of the petitioner to free speech with respect to unions and unionization. It is, on the contrary, a case where, considering the circumstances under which the matters complained of occurred, including the fact that a campaign for unionization was going on, there is ample basis for the Board’s finding that what was said and done was a violation of the act.

It will serve no useful purpose for us to discuss the legal principles involved. They are well and clearly established. It will suffice to say that we find ourselves in substantial agreement with the conclusion and decision of the Board and its order should be, and is hereby,

Enforced.

Reference

Full Case Name
WYATT FOOD STORES (Division of Kroger Company), Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent
Status
Published