National Labor Relations Board v. Universal Services, Inc. And Associates

Good Law
467 F.2d 579·81 L.R.R.M. (BNA) 2492·1972 U.S. App. LEXIS 7245
United States Court of Appeals for the Ninth CircuitOctober 10, 197271-1252California4,492 words

Opinion

Opinion

Lucas, J.

The National Labor Relations Board seeks enforcement of its order which is based upon the finding that Universal Services, Inc. and Associates has violated the National Labor Relations Act, as amended. The charge directed against Universal states that it discharged five of its employees “for their having engaged in concerted activities, and/or their engaging in union activities . ” and that it “at all times subsequent to [the date of discharge] has refused to reinstate said employees.” The Board’s decision is reported at 184 N.L.R.B. 42 .

The Board found that Universal violated section 8(a)(1), 29 U.S.C. § 158 (a)(1), which makes it an unfair labor practice to interfere with, restrain or coerce employees in the exercise of their rights guaranteed under section 7, 29 U.S.C. § 157 . That section guarantees to employees “the right to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection . ” The trial examiner found that the activity engaged in by the five employees was protected concerted activity not prohibited by the provisions of the particular agreement in question. Specifically, he found that neither the local nor the…

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