Free-Flow Packaging Corporation v. National Labor Relations Board

Petitioner seeks to have an adverse order of the National Labor Relations Board set aside. The Board cross-petitions for enforcement of its order.

In August, 1973, employees at petitioner’s South San Francisco manufacturing plant evinced interest in union representation by the Leather, Plastics and Novelty Workers Union, Local No. 31, and eleven out of fourteen employees signed authorization cards. On union petition a representation hearing was held in September, and an election was set for November 2, 1973. The Board’s order deals with occurrences during the period before this election.

The Board held that Free-Flow Packaging Corporation (the company) had committed the following unfair labor practices:

1. It had violated § 8(a)(3) and (1) of the Act, 29 U.S.C. § 158 (a)(3) and (1), by discharging five employees prior to the election.

2. It had violated § 8(a)(1) of the Act, 29 U.S.C. § 158 (a)(1), by denying the employees, prior to the election, a wage increase that past practice and assurances had caused them to expect.

3. It had violated § 8(a)(1) of the act by coercively interrogating the employees about their union sympathies and anticipated vote by promising benefits if…

concurring and dissenting.

I concur in the majority’s disposition of all the issues except that dealing with the denial of the 1973 wage increase. Here, I would grant enforcement. The hearing officer had an ample evidentiary basis for the *1132 finding that the denial of the wage increase was motivated in part by a management expectation that the union would get the blame.

I am not persuaded by the “advice of counsel” defense. This is not a case of an employer who was faced with a true dilemma. The hearing officer had the right to believe the evidence that the plant manager had told at least one employee, after two years of successive matching pay increases, that, by joining the union, the employees had “blown it” for the next increase.

566 F.2d 1124 97 L.R.R.M. (BNA) 2750 , 83 Lab.Cas. P 10,344 FREE-FLOW PACKAGING CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. No. 75-2772. United States Court of Appeals, Ninth Circuit. Jan. 4, 1978. John C. Cook (argued), of Cook & Voltz, San Francisco, Cal., for petitioner. Anne Liblun (argued), San Francisco, Cal., for respondent. Before MERRILL and GOODWIN, Circuit Judges, and HOFFMAN, * District Judge. MERRILL, Circuit Judge: 1 Petitioner seeks to have an adverse order of the National Labor Relations Board set aside. The Board cross-petitions for enforcement of its order. 2 In August, 1973, employees at petitioner's South San Francisco manufacturing plant evinced interest in union representation by the Leather, Plastics and Novelty Workers Union, Local No. 31, and eleven out of fourteen employees signed authorization cards. On union petition a representation hearing was held in September, and an election was set for November 2, 1973. The Board's order deals with occurrences during the period before this election. 3 The Board held that Free-Flow Packaging Corporation (the company) had committed the following unfair labor practices: 4 1. It had…