National Labor Relations Board v. Howard Rippee, George Rippee and Oliver Rippee D/B/A Pacific Multiforms Company

Good Law
339 F.2d 315·58 L.R.R.M. (BNA) 2054·1964 U.S. App. LEXIS 3575
United States Court of Appeals for the Ninth CircuitDecember 15, 196419452_1California163 words

Opinion

This is a petition by the National Labor Relations Board for an order of this Court directing Howard Rippee, George Rippee and Oliver Rippee, doing business as Pacific Multiforms Company, to bargain with a certain Local, as collective bargaining representative of respondents’ employees, and to post the usual notices.

In this proceeding the respondents do not contest the decision of the Board, finding them guilty of an unfair labor practice, nor attack the validity of the Board’s order; instead, they oppose the granting of the requested relief on the sole ground that they have duly given the required notice and stand ready, able and willing to bargain with the Union at any time upon the latter’s request.

However, such an objection has been foreclosed by the Supreme Court in National Labor Relations Board v. Mexia Textile Mills, 339 U.S. 563 , 70 S.Ct. 833 , 94 L.Ed. 1067 (1950). There the court said:

Decree will be entered enforcing the: Board’s order as prayed.