National Labor Relations Board v. Phaostron Instrument and Electronic Company

Good Law
344 F.2d 855·59 L.R.R.M. (BNA) 2175·1965 U.S. App. LEXIS 5785
United States Court of Appeals for the Ninth CircuitApril 27, 196519505_1California2,219 words

Opinion

Opinion

Ely, J.

The National Labor Relations Board seeks full enforcement of its Order (146 N.L.R.B. No. 124), issued after a hearing and its determination that Respondent-violated Section 8(a) (3) and (1) of the National Labor Relations Act as amended ( 61 Stat. 136 , 29 U.S.C. § 151 et seq.). The violation is claimed to rest upon Respondent’s terminating the employment of eight employees and its refusal, despite timely request, to reinstate them.

In March or April of 1963, a Union, Communication Workers of America, AFL-CIO, commenced an organizational campaign at Respondent’s manufacturing premises, and authorization cards were signed by five of the eight employees whose employment subsequently terminated. At an organizational meeting conducted on April 24, 1963, approximately twenty-five to thirty of Respondent’s employees attended, and upon being requested to indicate whether or not they desired to be members of the Union’s “Organizing Committee,” six of the particular eight employees joined the Committee. Another of the eight joined the Committee at a second meeting, held on April 30, 1963, and the last of the eight joined at a third meeting, held on May 6, 1963.

On May 8, 1963, the…

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