U.S. Court of Appeals for the Sixth Circuit, 1973

National Labor Relations Board v. Coca-Cola Bottling Company No. 5, Inc., and Carson, Inc.

National Labor Relations Board v. Coca-Cola Bottling Company No. 5, Inc., and Carson, Inc.
U.S. Court of Appeals for the Sixth Circuit · Decided December 26, 1973 · Edwards, McALLISTER, Peck
488 F.2d 535; 85 L.R.R.M. (BNA) 2383; 1973 U.S. App. LEXIS 6311 (Federal Reporter, Second Series)

National Labor Relations Board v. Coca-Cola Bottling Company No. 5, Inc., and Carson, Inc.

Opinion

On review of the National Labor Relations Board’s application for enforce *536 ment of its order, reported at 200 N.L. R.B. # 69; and

Noting the finding of the Board that the company has violated Section 8(a)(5) and (1) of the National Labor Relations Act, as amended (61 Stat. 136, 73 Stat. 519, 29 U.S.C., See. 151 et seq.) by refusing to bargain with the union which had been duly certified by the Board as the collective bargaining representative of the company’s employees and the unit found appropriate; and

Contrary to respondent’s claims, finding that the alleged misrepresentations of the union were simple and permissible campaign propaganda and that no proofs of union misconduct which could have created an atmosphere of fear prior to the election had been presented,

Enforcement of the order of the National Labor Relations Board is hereby granted.

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