National Labor Relations Board v. Ivo H. Denham and Geraldine A. Denham, D/B/A the Denham Company

Bad Law
469 F.2d 239
United States Court of Appeals for the Ninth CircuitDecember 20, 197271-1943California3,692 words

Opinion

Opinion

Lumbard, J.

The National Labor Relations Board (Board) petitions for enforcement of an order entered pursuant to a finding of violations of § 8(a)(5) and (1) of the National Labor Relations Act (Act) by respondent, the Denham Company (Company). The violations found by the Board involve the Company’s refusal to recognize and bargain with Creamery, Condensery Employees & Drivers Union, Local 517, International Brotherhood of Teamsters (Union) as the bargaining representative of certain of its employees, its unilaterally changing the wages and working conditions of its employees, and its refusal to honor the collective bargaining agreement that existed between the preceding owner of the plant, Swift and Co. (Swift), and the Union. In addition the Board found that the Company interfered with, restrained, and coerced its employees in the exercise of their § 7 rights, in violation of § 8(a)(1).

For many years until 1969 Swift operated an ice cream manufacturing and distribution facility at Hanford, California. In the early 1940’s, the Union conducted an organizational drive at this plant and obtained authorization cards from the employees designating the Union as their collective bargaining agent.…

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