National Labor Relations Board v. Trw-Semiconductors, Inc.

Good Law
385 F.2d 753·66 L.R.R.M. (BNA) 2707·1967 U.S. App. LEXIS 4439
United States Court of Appeals for the Ninth CircuitNovember 24, 196721549_1California2,631 words

Opinion

Opinion

Duniway, J.

Petition to enforce an order of the National Labor Relations Board. The trial examiner found, and the Board adopted his findings, that respondent employer interfered with, restrained and coerced its employees with respect to rights guaranteed to them by section 7 of the National Labor Relations Act as amended ( 29 U.S.C. § 157 ), thus violating section 8(a) (1) of the Act ( 29 U.S.C. § 158 (a) (1)). The board’s decision is reported at 159 NLRB No. 43 . The charges are based upon certain anti-union propaganda used by the employer in an attempt to persuade its employees to vote against a union in a representation election being held by the Board under section 9 of the Act ( 29 U.S.C. § 159 ).

The employer contends that its propaganda was protected by section 8(c) ( 29 U.S.C. § 158 (c)), which was added to the Act by the Labor Management Relations Act, 1947, Act of June 23, 1947, 61 Stat. ch. 120, p. 136 ff. Section 8(c) provides:

It was adopted as part of a comprehensive revision of the National Labor Relations Act, some of the purposes of which were to redress what was believed to be an imbalance against employers and in favor of unions in the operation of that Act, to grant…

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