National Labor Relations Board v. Mutual Industries, Inc.

Good Law
382 F.2d 988·66 L.R.R.M. (BNA) 2359·1967 U.S. App. LEXIS 4944
United States Court of Appeals for the Ninth CircuitOctober 6, 196721509California443 words

Opinion

Opinion

This is a petition to enforce an order of the National Labor Relations Board (159 N.L.R.B. No. 73). This court has jurisdiction under Section 10(e) of the National Labor Relations Act ( 29 U.S.C. § 151 et seq.). The respondent company in its operation in Los Angeles County was found in violation of Section 8(a) (5) and (1) of the Act by:

(1) refusing to bargain after recognition of a union;

(2) promising the employees a health insurance plan to discourage a pro-union vote.

There were fourteen employees of respondent in the bargaining unit. Eight signed authorization cards naming a union as their choice. When these authorizations were delivered to the plant manager, Meyers (not an inexperienced person in labor matters), he signed the union recognition agreement. He later insisted he thought it was merely a notice that the union was making an effort to organize the plant. This was clearly contrary to the plain terms of the document.

Some desultory efforts to negotiate a labor contract were made by both sides, but not much was accomplished, and although demands were made and discussed, the company decided to withdraw from negotiations because of alleged good faith doubt of the…

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