Electromec Design and Development Company, Inc. v. National Labor Relations Board

Electromec Design and Development Co., Inc. (hereafter Electromec), petitions to review an order of the National Labor Relations Board, pursuant to Sec. 10(f) ( 29 U.S.C. § 160 (f)), of the National Labor Relations Act as amended ( 61 Stat. 136 , 73 Stat. 519 ), and the Board petitions to enforce the order under Sec. 10(e) of the Act, 29 U.S.C. § 160 (e). The Board’s d'ecision appears at 168 N.L.R.B. 107 , 67 L.R.R.M. 1067 (1967).

THE QUESTIONS PRESENTED

Two questions are presented; (1) whether the four discharged employees, whose reinstatement was ordered by the Board, engaged in concerted action which was protected by the Act, and whether there was substantial evidence to support the Board’s Findings of Fact, Conclusions of Law and Order; and (2) whether the denial of Electromec’s motion to take depositions prior to hearing before the trial examiner, was a denial of due process and reversible error.

DISCUSSION

(1) Concerted action under the Act; the Board’s Findings and Order.

In substance, the trial examiner found concerted action, but concluded it was not protected under Sec. 8(a) (1) of the Act, 29 U.S.C. § 158 (a) (1). The Board approved the findings of the trial…