Food Store Employees Union v. National Labor Relations Board
Food Store Employees Union v. National Labor Relations Board
Opinion of the Court
This appeal consists of applications for review and enforcement of separate Decisions and Orders of the National Labor Relations Board arising from events which transpired at Respondent’s Huntington and Charlestown, West Virginia, plants. Essentially, the Board found 8 (a) (1) & (3) violations involving coer
On appeal, the Company challenges the substantiality of the evidence to support the findings of 8(a) (1), (3) & (5) violations, interposing, among other claims, a “good faith doubt” as a legitimate ground for its refusal to recognize the Union, notwithstanding the Union’s proffer of authorization cards signed by a majority of Respondent’s employees. The Company also insists that it justifiably refused to reinstate the strikers because none were entitled to reinstatement following the violent strike misconduct.
The Union seeks enforcement of the Board Orders with the additional request that the affirmative relief be modified so that the ten strikers who were denied reinstatement by the Board be reinstated despite their misconduct. In this regard, the Union asserts that the Board “failed to apply or has misapplied the Thayer-Kohler doctrine”
Our review of this record reveals that the Board’s findings as to the unfair labor practices and lack of “good faith doubt” by the Company are supported by the record. Universal Camera Corp. v. NLRB, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951). As to the Union’s insistence on the reinstatement of the ten excluded strikers and the Company’s assertion that none of them were entitled to this relief, our review of the record satisfies us that the Board and Examiner made the requisite evaluation and comparison of the illegal actions and violent conduct on both sides of this heated controversy. Indeed, as the Board found, the Company did engage in conduct which transgressed the bounds of propriety and legality, but certain violent acts by individual strikers likewise rose above what the Union would characterize as “trivial rough incident [s] or a moment of animal exuberance.” On balance, we are satisfied that the Board properly weighed the misconduct of both parties, see Kohler, supra, before determining that all but ten strikers were entitled to reinstatement. This determination, like most which involved formulating remedies to effectuate the purposes of the Act, was a matter particularly within the competence of the Board, and we find no basis for disturbing it on appeal. See e. g., NLRB v. Strong, 393 U.S. 357, 89 S.Ct. 541, 21 L.Ed.2d 546 (1969); Franks Bros. v. NLRB, 321 U.S. 702, 64 S.Ct. 817, 88 L.Ed. 1020 (1944); Phelps Dodge Corp. v. NLRB, 313 U.S. 177, 61 S.Ct. 845, 85 L.Ed. 1271 (1941).
So ordered.
. Local 883, UAW v. NLRB (Kohler Co.), 112 U.S.App.D.C. 107, 300 F.2d 699, cert. denied, 370 U.S. 911, 82 S.Ct. 1258, 8 L.Ed.2d 405 (1962), on remand, 120 U.S. App.D.C. 259, 345 F.2d 748, cert. denied, 382 U.S. 836, 86 S.Ct. 82, 15 L.Ed.2d 79 (1965); NLRB v. Thayer Co., 213 F.2d 748 (1st Cir.), cert. denied, 348 U.S. 883, 75 S.Ct. 123, 99 L.Ed. 694 (1954).
Reference
- Full Case Name
- FOOD STORE EMPLOYEES UNION, LOCAL 347, AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFL-CIO v. NATIONAL LABOR RELATIONS BOARD, Davis Wholesale Co., Inc., Intervenor DAVIS WHOLESALE CO., Inc. v. NATIONAL LABOR RELATIONS BOARD, Food Store Employees Union, Local 347, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, Intervenor
- Cited By
- 1 case
- Status
- Published