Foreman & Clark, Inc. v. National Labor Relations Board

“The flattery of hope and the impressions of fear”, referred to by common-law writers in connection with confessions, 2can intrude themselves into labor relations as well.

The National Labor Relations Act, 29 U.S.C.A. § 151 et seq., hereinafter referred to as the Act, protects the employee from “unfair labor practices”, as defined by statute. Such practices include, by necessary implication, any “threat of reprisal or force or promise of benefit.”

But the power of the National Labor Relations Board, hereinafter referred to as the Board, is not limited to protecting the employee from such “unfair labor practices”. It may also prevent “discriminatory use of company facilities (interfering) with the employees’ freedom of choice in the selection of a bargaining representative”.

It is our task to determine whether, in the light of the entire record in the instant case, Foreman & Clark, Inc., referred to herein as the Company, has thus interfered with its “employees’ freedom of choice”. In such determination, we must be guided by two working principles: (a) “The Board’s findings are entitled to respect”, because of the deference that should be paid to its “expertise” — a word of…