National Labor Relations Board v. Lenkurt Electric Co., Inc.

Good Law
459 F.2d 635·80 L.R.R.M. (BNA) 2222·1972 U.S. App. LEXIS 9861
United States Court of Appeals for the Ninth CircuitApril 28, 197226786California1,250 words

Opinion

Opinion

Merrill, J.

The National Labor Relations Board applies for enforcement of its order against Lenkurt Electric Co., Inc., of San Carlos, California, issued May 19, 1970, and reported at 182 N.L.R.B. 510 . The Board concluded (1) that the company violated § 8(a) (1) of the National Labor Relations Act, 29 U.S.C. § 158 (a) (1), by disciplining and threatening further disciplinary action — including discharge — against its employee, Grant Jordan, then acting as union departmental steward, should he persist in engaging in protected activities; and (2) that the company further violated § 8(a) (3) and (1) of the Act, 29 U.S.C. § 158 (a) (3), (1), by transferring Jordan to a less desirable and less responsible job because of his having engaged in protected activities. Accordingly, the Board ordered the company to cease and desist from interfering with, restraining, or coercing employees in the exercise of their rights under the Act, and affirmatively ordered the company to reinstate Jordan in his former or a substantially equivalent position with any back pay to which he might be entitled.

The activities found by the Board to be protected were the solicitation by Jordan, as steward, of grievances…

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