Intermountain Equipment Company v. National Labor Relations Board

Good Law
239 F.2d 480·39 L.R.R.M. (BNA) 2253·1956 U.S. App. LEXIS 4612
United States Court of Appeals for the Ninth CircuitDecember 27, 195615035California2,031 words

Opinion

Opinion

Denman, J.

The Intermountain Equipment Company, hereafter the Company, petitions for review of an order of the National Labor Relations Board, hereafter the Board, requiring the Company to cease and desist from certain practices which the Board found violated Section 8(a) (3) of the National Labor Relations Act, 29 U.S.C.A. § 158 (a) (3), and to make whole certain employees for losses occasioned by such practices. In a cross petition, the Board seeks enforcement of its order.

It is conceded that the Company is engaged in interstate commerce.- It operates establishments in Idaho and Washington, and annually purchases and sells equipment in other states which is valued at more than $3,000,000. The present dispute arises from its operation of its warehouse in Boise, Idaho, where it employs approximately 65 persons.

Prior to 1953, the year in question, the Company had for a number of years made annual bonus payments to its employees, although it had no formal policy respecting bonuses. While the payment of bonuses depended on the financial condition of the Company, in practice, the Board found, an employee who had been working for the Company for a year might reasonably expect to receive a…

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