National Labor Relations Board v. Howard-Cooper Corporation

Good Law
259 F.2d 558·42 L.R.R.M. (BNA) 2810·1958 U.S. App. LEXIS 5082
United States Court of Appeals for the Ninth CircuitOctober 6, 195815937California1,701 words

Opinion

Opinion

Hamlin, J.

There is before this Court a petition of the National Labor Relations Board to enforce an order issued against Howard-Cooper Corporation, hereinafter called the Company, which Company was found by the Board to have violated Section 8 (a) (1) and (5) of the National Labor Relations Act, 29 U.S.C.A. § 158 (a) (1, 5), by offering employees material inducements to repudiate union representation, by fostering an anti-union petition, by threatening a shutdown in the event of unionization, and by refusing to bargain with the Union representing a majority of the employees.

The following is a summary of the evidence upon which the Trial Examiner made findings against the Company, which findings were adopted by the Board.

Respondent Company sells industrial and farm machinery in Washington and Oregon. One of the plants operated by the Company was at Central Point, Oregon. The Company raises no question that its activities were not in interstate commerce.

In November, 1955, at a Union meeting seven of the twelve employees of the Company signed Union authorization cards, but requested the Union to delay notifying the Company of its designation as bargaining representative until after the…

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