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

National Labor Relations Board v. Grunwald-Marx, Inc.

National Labor Relations Board v. Grunwald-Marx, Inc.
U.S. Court of Appeals for the Ninth Circuit · Decided April 3, 1961 · Chambers, Hamlin, Merrill, Per Curiam
290 F.2d 210; 47 L.R.R.M. (BNA) 2940; 1961 U.S. App. LEXIS 4930 (Federal Reporter, Second Series)

National Labor Relations Board v. Grunwald-Marx, Inc.

Opinion

PER CURIAM.

We decline to enforce the board’s proposed order.

While one single isolated instance of a threat may be enough for an unfair labor practice under section 8(a) (1) of the National Labor Relations Act, 29 U.S. C.A. § 158(a) (1), yet the vice president’s purported threat shows no course of conduct and in the frame of the events is such that we can only regard it as de minimis.

The weakness of the case is well illustrated by the hearing examiner's conclusion that there was no threat of reprisal or force or a promise of benefit and he found support in the dissent of one member of the board.

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