U.S. Court of Appeals for the Fifth Circuit, 1961

National Labor Relations Board v. Bonham Cotton Mills, Inc.

U.S. Court of Appeals for the Fifth Circuit · Decided May 2, 1961 · Cameron, Brown, Hannay

289 F.2d 903; 48 L.R.R.M. (BNA) 2086; 1961 U.S. App. LEXIS 4641 (Federal Reporter, Second Series)

Counsel

Margaret M. Farmer, Atty., Thomas J. McDermott, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C., Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Duane B. Beeson, Attys., National Labor Relations Board, Washington, D. C., for petitioner., John E. Price, John M. Scott, Brown, Herman, Scott & Young, Fort Worth, Tex., for respondent.

Cases that cite this one

9 later published cases cite this decision. The 7 that cite it most often are listed here.

Western Massachusetts Electric Company v. National Labor Relations Board, National Labor Relations Board v. Western Massachusetts Electric Company (1st Cir. 1978)
National Labor Relations Board v. Fitzgerald Mills Corp. (2d Cir. 1963)
Dublin Professional Fire Fighters, Local 1885 v. Valley Community Services District (Cal. Ct. App. 1975)
National Labor Relations Board v. Standard Forge and Axle Company, Inc. (5th Cir. 1969)
Gallenkamp Stores Co. v. National Labor Relations Board (9th Cir. 1968)
National Labor Relations Board v. Comfort, Inc. (8th Cir. 1966)
Skyline Homes, Inc. v. National Labor Relations Board (5th Cir. 1963)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This case raises the question of the sufficiency of the evidence to sustain the Board’s findings of refusal to bargain in good faith and improper surveillance of a union meeting in violation of Section 8(a) (1) and (5) of the Act, 29 U.S. C.A. § 158(a) (1) and (5). We find the evidence sufficient and enforce the order.

Respondent is a textile manufacturing concern in Bonham, Texas. Early in 1956 the United Textile Workers of America, AFL-CIO, was certified as the bargaining representative of Respondent’s employees. Shortly thereafter and continuing past the filing date of the present complaint, a period of over a year, the parties engaged in prolonged negotiations. Some eleven meetings were held during which agreements were reached on several matters. The questions of pay raises and workloads, however, were constantly in dispute.

Disregarding the controversy over who is at fault, the Union or the Employer or neither for protracted non-productive bargaining, the Employer’s action in two respects was sufficient to warrant a finding of a refusal to bargain in good faith. The Employer granted unilateral wage increases without consulting the bargaining representative and *904 likewise made substantial changes in the workloads of some employees. In the atmosphere of this case, including the § 8(a) (1) interference which was essentially a fact issue for the Board, these two actions amounted to a failure to bargain as well as unfair labor practices. N. L. R. B. v. Crompton-Highland Mills, Inc., 1949, 337 U.S. 217, 69 S.Ct. 960, 93 L.Ed. 1320; Armstrong Cork Co. v. N. L. R. B., 5 Cir., 1954, 211 F.2d 843; N. L. R. B. v. Herman Sausage Co., 5 Cir., 1960, 275 F.2d 229. See also N. L. R. B. v. Fant Milling Co., 1959, 360 U.S. 301, 79 S.Ct. 1179, 3 L.Ed.2d 1243, enforced on remand, 5 Cir., 272 F.2d 773. Of course surveillance of a union meeting has often been condemned as a Section 8(a) (1) violation. N. L. R. B. v. Dan River Mills, Inc., 5 Cir., 1960, 274 F.2d 381, 384.

Enforced.

CAMERON, Circuit Judge, concurs in the result.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.