National Labor Relations Board v. Essex Wire Corp.
National Labor Relations Board v. Essex Wire Corp.
Opinion of the Court
ORDER
The Board, in agreement with the Trial Examiner, found that the Company violated 8(a)(1) of the Act, 29 U.S. C. § 151 et seq., by threatening and coercive interrogation of its employees and by speeches on the part of management which threatened economic reprisals in the event of a vote for the Union.
Upon consideration of the record as a whole we are not satisfied that the facts presented are sufficient to justify the bargaining order which the Board seeks to enforce. We recognize the impact of N.L.R.B. v. Gissel Packing Co., 395 U.S. 575, 89 S.Ct. 1918, 23 L.Ed.2d 547 (1969), but do not find the rationale of that decision applicable to the facts of this ease. Rather the language of the Court of Appeals for the Fifth Circuit in N.L.R.B. v. American Cable Systems, Inc., 427 F.2d 446, 449 (1970), cert. den., 400 U.S. 957, 91 S.Ct. 356, 27 L.Ed.2d 266, is more appropriate. In the present case the language of the Fifth Circuit, 427 F.2d 449, describes the reasoning of the Board in ordering bargaining as a “a litany, reciting conclusions by rote without factual explication.”
It is, therefore, ordered that enforcement be granted only as to the Section 8(a)(1) violation, and is denied as to the alleged Section 8(a)(5) violation.
. The Board’s order is found at 188 N.L.R.B. No. 59.
Reference
- Full Case Name
- NATIONAL LABOR RELATIONS BOARD, and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Intervenor v. ESSEX WIRE CORPORATION
- Cited By
- 1 case
- Status
- Published