National Labor Relations Board v. Hiney Printing Company

U.S. Court of Appeals for the Sixth Circuit
National Labor Relations Board v. Hiney Printing Company, 733 F.2d 1170 (6th Cir. 1984)
116 L.R.R.M. (BNA) 2404; 1984 U.S. App. LEXIS 22600
Edwards, Gibson, Jones, Per Curiam

National Labor Relations Board v. Hiney Printing Company

Opinion

PER CURIAM.

The sole issue in this case is presented by petitioner National Labor Relations Board’s request for its enforcement of an order to post notices in the plant of its order finding that the company had violated § 8(a)(5) of the National Labor Relations Act, 29 U.S.C. § 158(a)(5), and that the union had committed no violations. The company’s cross-appeal contends that there is no longer any dispute with the union since all issues have been agreed upon and that the posting of the notices would be destructive of company-union harmony rather than helpful.

The company relies in part on the union’s agreement that notices do not need to be posted. The company also contends that the petitioner’s order to post the notices should be denied because of mootness.

Our review of this record indicates that in fact, after many months of dispute, the parties are in agreement on the basic problems between them. Nonetheless, compliance has not been had with the Board’s order to post notices of its decisions in these cases. The statute clearly calls for the posting of notices as a part of the enforcement procedure of the NLRB. NLRB is charged with serving the public interest to enforce labor relations rights which are public, not private rights. NLRB v. Heck’s, Inc., 369 F.2d 370 (6th Cir. 1966). As the Board argues, the posting of notices serves two purposes: advising the employees that the NLRB has protected their rights, and preventing or deterring future violations.

We have noted the case relied upon by respondent Hiney Printing Company, NLRB v. Fourco Glass Co., 646 F.2d 863 (4th Cir. 1981), where the court denied enforcement of the Board’s order holding that agreement between the parties on all issues had rendered the case moot. The opinion does not advise as to whether or not the Board’s order was posted. If we assume that it was not, we respectfully disagree with the Fourth Circuit’s conclusion.

Enforcement of the Board’s order to post the required notices in this case is hereby granted.

Reference

Full Case Name
NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HINEY PRINTING COMPANY, Respondent
Cited By
7 cases
Status
Published