United Automobile, Aerospace and Agricultural Implement Workers of America, Uaw v. National Labor Relations Board

This Petition for Review filed by the union complains of the failure of the National Labor Relations Board to make a “successor” employer fully Hable to respond to the relief ordered by the Board against the original employer, found to be in violation of Section 8(a) (1), (3) (4) of the National Labor Relations Act 29 U.S.C.A. § 151 et seq.

The case comes to us without any dispute as to the facts. The Board stated the basic facts as follows:

The Board also adopted the following findings of fact by the Examiner:

The Board did not expressly find to the contrary of the italicized fact finding, but neither did it approve or adopt the findings. The Board used its “boiler plate” language which, unfortunately leaves it to us to make a detailed analysis of its decision to determine whether the critical finding emphasized above was approved by the Board.

In view of the fact that the Union places its case almost entirely on the Board’s decision in Perma Vinyl Corp., 164 N.L.R.B. 968 (1967) and the order enforcing it at United States Pipe and Foundry Co. v. N. L. R. B., 398 F.2d 544 (1968), we conclude that, as to the principal issues before us — reinstatement and backpay obligations of…