National Labor Relations Board v. Four Winds Industries, Inc.

Good Law
530 F.2d 75
United States Court of Appeals for the Ninth CircuitApril 26, 197674--3251California3,044 words

Opinion

Opinion

Burns, J.

The National Labor Relations Board seeks enforcement, pursuant to Section 10(e) of the National Labor Relations Act, 29 U.S.C. § 160 (e), of an order of June 13, 1974, against Four Winds Industries, Inc. (Four Winds). The Board’s decision and order are reported at 211 N.L.R.B. No. 60.

1. PROCEEDING BELOW:

Four Winds was charged with five unfair labor practices. The Administrative Law Judge found in favor of Four Winds on all charges. The Board reversed the Administrative Law Judge in part and found that Four Winds had: (1) violated Section 8(a)(1) of the Act, 29 U.S.C. § 158 (a)(1), by statements which evidenced a refusal to bargain about a union-security clause and which threatened permanent replacement of strikers; (2) violated Section 8(a)(3), 29 U.S.C. § 158 (a)(3), and 8(a)(1) of the Act by discharging employees Joe Rodarte and Jay Cormier because of their union activities; (3) violated Section 8(a)(5), 29 U.S.C. § 158 (a)(5), of the Act as well as Section 8(a)(1) by its refusal to bargain about a union-security clause. The Board ordered Four Winds to reinstate the employees with back pay and to bargain with the Union.

II. SUMMARY OF FACTS:

Four Winds…

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