Breaker Confections, Inc. v. National Labor Relatons Board, 402 F.2d 499, 4th Cir. (1968)
Breaker Confections, Inc. v. National Labor Relatons Board, 402 F.2d 499, 4th Cir. (1968)
Breaker Confections, Inc. v. National Labor Relatons Board, 402 F.2d 499, 4th Cir. (1968)
2d 499
Alan I. Berger, St. Louis, Mo. (Mc-Mahon & Berger, and Thomas M.
Hanna, St. Louis, Mo., on brief), for petitioner.
Leonard M. Wagman, Atty., N.L.R.B. (Arnold Ordman, General Counsel,
dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost,
Asst. General Counsel, and Gary Green, Atty., N.L.R.B. on brief), for
respondent.
Before HAYNSWORTH, Chief Judge, and WINTER and CRAVEN,
Circuit Judges.
PER CURIAM:
The Labor Board found the employer had violated 8(a)(5) of the National
Labor Relations Act in refusing recognition to a union which claimed a majority
of the employees in the unit on the basis of signed authorization cards,
notwithstanding the fact that the union lost the Board's supervised consent
election. On the basis of colflicting testimony, the Board found some relatively
minimal violations by the employer of 8(a)(1) of the Act preceding the election,
but they were not so pervasive as to be beyond the effective corrective process
of a cease and desist order so as to assure a completely reliable reflection of the
employee's wishes in a second election.
General Steel Prods., Inc. v. N.L.R.B., 4 Cir., 398 F.2d 339; N.L.R.B. v. Heck's
Inc., 4 Cir., 398 F.2d 337; N.L.R.B. v. Gissel Packing Co., 4 Cir., 398 F.2d 336;
N.L.R.B. v. S.S. Logan Packing Co., 4 Cir., 386 F.2d 562; Crawford Mfg. Co.
v. N.L.R.B., 4 Cir., 386 F.2d 367; N.L.R.B. v. Heck's Inc., 4 Cir., 386 F.2d 317.
See also N.L.R.B. v. Sehon Stevenson & Co., 4 Cir., 386 F.2d 551