United Steelworkers of America v. National Labor Relations Board
United Steelworkers of America v. National Labor Relations Board
Opinion of the Court
These cases arise on a petition to review and an application to enforce an order of the National Labor Relations Board against the Quality Rubber Manufacturing Company.
I
In this court the company contends that the trial examiner erred in making his factual conclusions about anti-union statements and activities of William Tersinar, the plant superintendent. While the testimony of the parties was often in direct conflict, after a careful review of the trial examiner’s opinion and the record we find that the examiner’s conclusions, which were adopted by the Board without significant alteration, are supported by substantial evidence and, therefore, must be affirmed. We cannot on this record upset the examiner’s determinations as to the relative credibility of the witnesses.
II
The union’s petition attacks the sufficiency of the remedy ordered by the
The union requested the Board, and renews its requests in this court, (1) to order the employer to compensate employees for the benefits they would have received had the company not unlawfully refused to bargain — the so-called “make whole” remedy; (2) to mail the remedial notice to all employees; (3) to allow the union an opportunity to reply to the employer’s coercive actions on company premises; and (4) to allow an NLRB representative to explain to the employees their rights under the Act.
We have often pointed out that we will ordinarily give deference to the expertise and experience of the Board in fashioning remedies,
There is no indication in the record presently before us that the company wished unnecessarily to delay the final outcome of this dispute. In Tiidee Products, on the other hand, the “position of the Company [was] palpably without merit with respect to its refusal to bargain.”
Since the Board’s findings are supported by substantial evidence on the record considered as a whole, and since the Board did not abuse its discretion in determining the proper remedies, we enforce the Board’s order and deny the union's petition for review.
So ordered.
. 176 NLRB No. 7 (1969). The Board also issued a supplemental decision and order, 178 NLRB No. 117 (1969) ; see Note 7, infra,.
. 29 U.S.C. § 158(a) (1) (1964).
. 29 U.S.C. § 158(a) (3) (1964).
. 29 U.S.C. § 158(a) (5) (1964).
. N.L.R.B. v. Pittsburgh Steamship Co., 337 U.S. 656, 69 S.Ct. 1283, 93 L.Ed. 1602 (1949).
. 176 NLRB No. 7, at 3.
. After the Supreme Court’s decision in N.L.R.B. v. Gissel Packing Co., 395 U.S. 575, 89 S.Ct. 1918, 23 L.Ed.2d 547 (1969), on its own motion the Board re-examined its finding of a § 8(a) (5) violation ai\d the resulting order to bargain. After soliciting the views of the parties, the Board made findings which comport with the standards established by Gissel and reaffirmed the order to bargain. 178 NLRB No. 117 (1969).
. See, e. g., Amalgamated Clothing Workers of America v. N.L.R.B., 125 U.S.App.D.C. 275, 371 F.2d 740 (1966).
. See also Food Store Employees Union, Local No. 347 v. N.L.R.B., U.S.App.D.C. (Nos. 22,318 and 22,414, decided May 4, 1970).
. Tiidee Products, supra, 138 U.S.App.D. C. at 256, 426 F.2d at 1250.
. See id., 138 U.S.App.D.C. at 256, 426 F.2d at 1250.
. One employee, Golembeski, was dismissed after the first union demand for recognition.
. Tiidee Products, supra, 138 U.S.App.D.C. at 254, 426 F.2d 1248.
Reference
- Full Case Name
- UNITED STEELWORKERS OF AMERICA, AFL-CIO, Quality Rubber Manufacturing Company, Inc., Intervenor v. NATIONAL LABOR RELATIONS BOARD, Respondent NATIONAL LABOR RELATIONS BOARD, United Steelworkers of America, AFL-CIO, Intervenor v. QUALITY RUBBER MANUFACTURING COMPANY, Inc.
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- 2 cases
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- Published