National Labor Relations Board v. California Compress Company, Inc.

Good Law
274 F.2d 104·45 L.R.R.M. (BNA) 2418·1959 U.S. App. LEXIS 5243
United States Court of Appeals for the Ninth CircuitDecember 21, 195916422_1California1,210 words

Opinion

Opinion

Pope, J.

This case is here on a petition of the Labor Board for enforcement of an order which found that Respondent California Compress Company, Inc. had violated § 8(a) (1) of the National Labor Relations Act, and ordered that respondent cease and desist from certain named practices and take certain affirmative action, including posting of notices. The Board’s order is reported at 121 N.L. R.B. 1388, reference to which will disclose both the Board’s decision and the Examiner’s report which summarized the evidence more fully than we deem necessary here.

Respondent was in the business of storing, handling and processing cotton at Fresno, California. The interstate character of its business is conceded. On November 6, 1957, the International Longshoremen’s and Warehousemen’s Union petitioned the Board requesting certification as collective bargaining representative of respondent’s employees. By chance one of respondent’s attorneys was in the regional office of the Board when the petition was filed and there learned of it. On inquiry he was told that the union had made a sufficient showing of interest. He communicated by telephone with respondent’s president who expressed disbelief that he…

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