National Labor Relations Board v. L. B. Foster Company

The National Labor Relations Board petitions for enforcement of its order directing that the respondent employer cease and desist from interfering with its employees’ rights under section 7 of the National Labor Relations Act, 29 U. S.C. § 157, setting aside a representation election held in December, 1966, which the Teamsters Union lost, and directing the employer to bargain with that union. For reasons that follow, we conclude that the order should be enforced in full.

The Teamsters attempted, beginning in October of 1966, to organize the employees at the employer’s pipe yard in Long Beach, California. On October 31, the union secured authorization cards signed by 14 of the 18 employees working at the pipe yard. The Board’s cease and desist order was based essentially upon evidence as to the activities of three individuals during the seven weeks from October 31 until the representation election. These were the plant superintendent, Chernove, the assistant plant superintendent, Streetman, and an employee of disputed supervisory status, Synakowski. There is evidence that they actively opposed the union’s organizational campaign and that their manner of opposition far exceeded the…

(concurring):

I concur in my Brother Duniway’s opinion. At the same time, I am com *6 pelled to say that, were it not for the compulsion of Gissel Packing Co. 1 could not, in the circumstances of this particular ease, join in upholding that portion of the Board's order which requires the respondent presently to bargain with the Teamsters Union. As Judge Duniway points out, the employer is blameless for the rapid turnover in its personnel, and “it is possible that, as of now, there is not a single remaining employee who was concerned with the original election.” In the light of these considerations, I would hope that, even though we are obliged to issue an Order of full enforcement, the Board will yet consider itself empowered to determine that the now more desirable course is the conducting of a fair election under the protection of the cease and desist order. Just as it is properly interested in preventing coercive activities which may obstruct the legitimate aims of employees, the Board surely will not desire to thrust upon employees a representative whose status as their bargaining agent is open to serious question.

Professor Bok wrote, approximately five years ago, “But the…

418 F.2d 1 72 L.R.R.M. (BNA) 2736 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. L. B. FOSTER COMPANY, Respondent. No. 23121. United States Court of Appeals Ninth Circuit. Oct. 31, 1969, Rehearing Denied Dec. 2, 1969. Frank H. Itkin (argued), Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Robert E. Williams, Atty., Washington, D.C., for petitioner. Thomas R. Beech (argued), and Louis Paine, Jr., Houston, Tex., Butler, Binion, Rice, Cook & Knapp, Houston, Tex., Brundage & Hackler, Los Angeles, Cal., of counsel, for respondent. Before BARNES, DUNIWAY and ELY, Circuit Judges. DUNIWAY, Circuit Judge: 1 The National Labor Relations Board petitions for enforcement of its order directing that the respondent employer cease and desist from interfering with its employees' rights under section 7 of the National Labor Relations Act, 29 U.S.C. 157, setting aside a representation election held in December, 1966, which the Teamsters Union lost, and directing the employer to bargain with that union. For reasons that follow, we conclude that the order should be enforced in full. 2 The Teamsters attempted, beginning in…