Pacific Hide & Fur Depot, Inc. v. National Labor Relations Board

Pacific Hide & Fur Depot, Inc. (Pacific) petitions for review of and to set aside an order of the National Labor Relations Board. The Board concluded that Pacific had violated § 8(a)(1) and (5) of the National Labor Relations Act, as amended, 29 U.S.C. § 158 (a)(1) and (5) (1970), by refusing to recognize and bargain with the Amalgamated Meat Cutters and Butcher Workmen, Local No. 656 (Union). . The Board cross-petitions for enforcement of its order, which is reported at 223 N.L.R.B. No. 149. We grant the petition to review and set aside, and we deny enforcement.

FACTS

Pacific, the Union, and Counsel for the General Counsel to the Board entered into a written stipulation of facts, and Counsel for the General Counsel rested his case before the Administrative Law Judge on that stipulation. The stipulation reserved to each party the right to amplify, supplement, or clarify any of the factual matters stipulated to, and Pacific presented the testimony of its vice president and manager of its Portland office, Mr. Thiebes. No other witness testified. This is what the stipulation and Thiebes’ testimony show:

Before March, 1975, Cahen Trading Company (Cahen) had operated a hide-curing…