Shannon

National Labor Relations Board v. Shannon

Good Law
208 F.2d 545·33 L.R.R.M. (BNA) 2270·1953 U.S. App. LEXIS 3624
United States Court of Appeals for the Ninth CircuitDecember 14, 195313644California1,929 words

Opinion

Opinion

Denman, J.

This is a petition to enforce an order of the National Labor Relations Board (hereafter the “Board”), pursuant to § 10(e) of the Labor Management Relations Act (hereafter the “Act”).

The question presented by this petition is whether the evidence supports the conclusion of the Board that respondent had refused to bargain with a certified bargaining representative in violation of § 8(a) (5) of the Act.

The findings of operative fact of the Board are all supported by substantial evidence and reveal: Respondent, Shannon and Simpson Casket Company, the employer in this case, is a partnership consisting of Edward Shannon, C. W. Shannon and Arthur F. Simpson. The Upholsterers’ International Union of North America, Local #15 (hereafter the “Union”) was the duly authorized bargaining representative of the employees of respondent. On February 20, 1950, Harry Smulyan, the Union’s business manager, called C. W. Shannon and requested a conference to discuss an agreement. This conference was held on the following day. There was discussion as to the necessity of establishing wage scales for each class of work done in respondent’s plant, but the real bone of contention was the insurance plan…

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