National Labor Relations Board v. Jay Co., Inc

The National Labor Relations Board petitions for enforcement of its order and respondent seeks to have the order set aside.

The Board’s order approved and followed findings of the Trial Examiner that Henry Vista Shannon, an employee, was discharged by Respondent for his role in disbanding the Jay Company Employees Association, and that respondent’s actions encouraged membership in that organization, in violation of Section 8(a) (3) and (1) of the National Labor Relations Act, 29 U.S.C.A. § 158 . The order requires respondent to cease and desist from the unfair labor practices found and “in any other manner interfering with, restraining or coercing employees in the exercise of the right to self-organization, to form, join, or assist the Union or any other labor organization, to bargain collectively * *

It was found that during the summer of 1951, Furniture Workers, Upholsterers and Wood Workers Union, Local 576, Independent, as well as an affiliate of AFL and an affiliate of CIO each put on a campaign to organize respondent’s employees, Joseph Josephson, president of respondent, at the request of a group of the employees, assembled the employees in the plant and addressed them on…

Order on Rehearing

By direction of this Court, the above entitled appeal was set down for rehear *420 ing after an opinion had been filed herein on July 2,1954. At the rehearing, petitioner, National Labor Relations Board, alone put in an, appearance, and Jay Company, Inc., neither appeared nor filed a brief .or other appearance, and the matter was taken under submission upon the argument of the Board, and .the Court now being fully advised in the premises and based upon the above circumstances it is hereby

Ordered that the opinion of this Court in the above entitled cause, handed down on July 2, 1954, be hereby modified by striking out the last two paragraphs, beginning with the words “In one respect” and ending with the words “will be enforced”, and substituting therefor the following paragraph:

“The Board’s,order will be enforced”. See National Labor Relations Board v. Cheney California Lumber Co., 1946, 327 U.S. 385, 389 , 66 S.Ct. 553 , 90 L.Ed. 739 .

227 F.2d 416 NATIONAL LABOR RELATIONS BOARD v. JAY CO., Inc. No. 13869. United States Court of Appeals, Ninth Circuit. July 2, 1954. As Modified on Rehearing Nov. 9, 1955. George J. Bott, Gen. Counsel, David P. Findling, Associate Gen. Counsel, A. Norman Somers, Marcel-Mallet Prevost, Asst. Gen. Counsel, Maurice Alexandre, Alan R. Waterstone, Washington, D.C., Daniel J. Harrington, Los Angeles, Cal., for petitioner. Richard A. Perkins, Los Angeles, Cal., for respondent. Before BONE, LEMMON and FEE, Circuit Judges. LEMMON, Circuit Judge. 1 The National Labor Relations Board petitions for enforcement of its order and respondent seeks to have the order set aside. 2 The Board's order approved and followed findings of the Trial Examiner that Henry Vista Shannon, an employee, was discharged by Respondent for his role in disbanding the Jay Company Employees Association, and that respondent's actions encouraged membership in that organization, in violation of Section 8(a)(3) and (1) of the National Labor Relations Act, 29 U.S.C.A. § 158 . The order requires respondent to cease and desist from the unfair labor practices found and 'in any other manner interfering with, restraining or…