National Labor Relations Board v. Scott & Scott

Good Law
245 F.2d 926·40 L.R.R.M. (BNA) 2090·1957 U.S. App. LEXIS 4518
United States Court of Appeals for the Ninth CircuitMay 15, 195715144_1California2,296 words

Opinion

Opinion

Fee, J.

The National Labor Relations Board has filed a petition for enforcement of an order issued against Scott & Scott, a partnership operating a small printing plant at Santa Monica, California.

In its order the Board, after a review of the rulings made by the Trial Examiner, affirmed these and adopted his findings, conclusions and recommendations. They concluded that respondent neglected a valid claim by the Union of majority status among the employees of its bindery unit and that the Union, by its presentation of a contract for perusal and for discussion, had signified its desire to negotiate for these employees. It was further found that the refusal by respondent to bargain was not motivated by any good faith doubt of the majority of the Union, but rather by a desire to gain time in which to destroy that majority and defeat it in election.

The Board also found that the loss of majority by the Union was to be ascribed to the unfair labor practices of respondent. In this context, by its announcement of irrevocable opposition to the Union, respondent was found to have coerced its employees. The Board found therefore that from March 25, 1953, the Union had made a valid claim of…

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