National Labor Relations Board v. R & H Masonry Supply, Inc.

Good Law
627 F.2d 1013·105 L.R.R.M. (BNA) 2704·1980 U.S. App. LEXIS 14023
United States Court of Appeals for the Ninth CircuitSeptember 17, 198079-7216California1,005 words

Opinion

Opinion

Farris, J.

The National Labor Relations Board petitions for enforcement of its order issued against R & H Masonry Supply, Inc., on September 29, 1978. We enforce in part and remand in part.

R & H Masonry Supply, Inc., is a small firm which supplies building materials to contractors. Prior to the time of the unfair labor practices involved here, it delivered the goods it sold and had six employees— two yardmen and four truck drivers. In July of 1977, all six employees signed union authorization cards, and on August 1, the union requested that Masonry Supply rec ognize it as the collective bargaining agent of the employees and petitioned the Board for an election. Shortly thereafter, Masonry Supply manager Grant called three employees into his office individually and asked each whether he had signed a union card. On August 10th or 11th, Masonry Supply president Guillemin offered to sell his trucks to an independent trucking firm. The offer was accepted and on August 12 Masonry Supply discharged all four of its drivers. One driver questioned whether his union activity was the reason for the sale of the trucks and Grant’s response indicated that it was. Masonry Supply also fired one yardman and…

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