National Labor Relations Board v. Kellogg's Inc., Dba Kellogg Mills

Good Law
347 F.2d 219·59 L.R.R.M. (BNA) 2340·1965 U.S. App. LEXIS 5494
United States Court of Appeals for the Ninth CircuitMay 21, 196519734_1California391 words

Opinion

Opinion

Hamlin, J.

Respondent, Kellogg’s Inc., processes and sells feed, seeds, fertilizers and kindred commodities at Nampa, Idaho. On October 25, 1963, the general counsel of the National Labor Relations Board, herein petitioner, issued a complaint which alleged that respondent had refused to bargain with the union *as the exclusive bargaining representative of its employees, thereby violating sections 8(a) (1) and (5) of the National Labor Relations Act, as amended, 29 U.S.C. § 151 , et seq. After a hearing the Trial Examiner found that at the time of the alleged violation, the union was the majority representative of the respondent’s employees in a unit appropriate for collective bargaining, that the respondent did not entertain a good faith doubt of the union’s majority status, that the respondent refused to bargain with the union, and that such refusal constituted an unfair labor practice as alleged in the complaint. On the basis of these findings the Trial Examiner ordered the respondent to bargain collectively with the union and to post appropriate notices. On review of the Trial Examiner’s report, the Board adopted the Trial Examiner’s findings, conclusions and recommendations, and entered…

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