National Labor Relations Board v. Coast Delivery Service, Inc.

Good Law
437 F.2d 264·76 L.R.R.M. (BNA) 2450·1971 U.S. App. LEXIS 12210
United States Court of Appeals for the Ninth CircuitJanuary 26, 197124744_1California3,851 words

Opinion

Opinion

Byrne, J.

The National Labor Relations Board (hereinafter the Board) found, in agreement with the Trial Examiner, that Coast Delivery Service, Inc. (hereinafter referred to as either the Respondent or the Company), violated Sections 8(a) (3) and 8(a) (1) of the National Labor Relations Act, 29 U.S.C. § 158 (a) (3) and (1) by discharging or laying off five employees because of their union activities and by coercively interrogating and threatening employees. The case is before the Court, upon the petition of the Board to enforce its order pursuant to Section 10(e) of the Act, 29 U.S.C. § 160 (e).

In an effort to organize the employees of moving and storage companies located in and around Santa Maria, California, the Union held a meeting at Carpenter’s Hall on August 17, 1967. Among those who attended were five employees of the Respondent — Frank Vasquez, Sr., Salvador Casillas, Manuel Vasquez, Jr., Wayne Schwark and Ted Searle. Also in attendance was Owen Hubbard, an owner of one of the moving companies the Union was attempting to organize.

The next day, August 18, the Respondent’s president, James Harrison, was informed by an owner of still another moving company of the union meeting and…

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