National Labor Relations Board v. U.S. Divers Company

Good Law
308 F.2d 899·51 L.R.R.M. (BNA) 2267·1962 U.S. App. LEXIS 3972
United States Court of Appeals for the Ninth CircuitOctober 8, 196217704California1,698 words

Opinion

Opinion

Jertberg, J.

Before us is a petition of the National Labor Relations Board (hereinafter called “the Board”), pursuant to Section 10 (e) of the National Labor Relations Act as amended ( 61 Stat. 136 , as amended by 73 Stat. 519 , 29 U.S.C.A. § 151 et seq.), for enforcement of its order issued on October 13, 1961 against U. S. Divers Company (hereinafter referred to as “U. S. Divers” or “the Company”). The Board’s decision and order are reported at 133 NLRB No. 88 . This court has jurisdiction as the alleged unfair labor practices occurred at the U. S. Divers plant in Santa Ana, California, where the Company is engaged in the manufacture and sale of diving equipment.

The Board, in agreement with the Trial Examiner, found that the Company violated Section 8(a) (1) of the National Labor Relations Act by interrogating its employees in respect to their membership, activity, or interest in the General Truck Drivers, Warehousemen & Helpers Union Local 235 (hereinafter called “Teamsters Union”), by inducing its employees to favor and to propagandize the United Rubber, Cork; Linoleum and Plastic Workers of America, AFL-CIO (hereinafter called “Rubber Workers Union”) in preference to the Teamsters…

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