U.S. Court of Appeals for the Sixth Circuit, 1982

Stanley M. Feil, Inc. v. National Labor Relations Board

Stanley M. Feil, Inc. v. National Labor Relations Board
U.S. Court of Appeals for the Sixth Circuit · Decided March 31, 1982 · Churchill, Edwards, Peck
674 F.2d 567; 110 L.R.R.M. (BNA) 2744; 1982 U.S. App. LEXIS 20545 (Federal Reporter, Second Series)

Stanley M. Feil, Inc. v. National Labor Relations Board

Opinion

ORDER

On receipt and consideration of a petition for review of an order of the National Labor Relations Board 250 NLRB No. 143 (July 28,1980) by Stanley M. Feil, Inc., and on review of the briefs and oral argument in said case wherein the Board had found that the petitioner had violated section 8(a)(1) of the National Labor Relations Act by coercively interrogating employees, by threatening less desirable working conditions and by granting a new benefit, hospitalization coverage, during the union’s organizing efforts; and noting that the Board also found an appropriate bargaining unit consisting of petitioner’s warehouse employees and entered a Gissel -type of bargaining order pertaining to said unit on the basis of violations previously catalogued; and further on review of the record, this court having determined that the Board’s findings are supported by substantial evidence on the whole record and that its bargaining order is appropriate under NLRB v. Gissel Packing Co., 395 U.S. 575, 89 S.Ct. 1918, 23 L.Ed.2d 547 (1969) because although the unfair labor practices found are less than “outrageous and pervasive,” nonetheless the Board found that they were sufficient to tend to undermine the union’s majority strength and interfere with the electoral process;

Now therefore, enforcement of the Board’s order should be and hereby is granted.

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