National Labor Relations Board v. Maywood Do-Nut Co., Inc.

Good Law
659 F.2d 108·108 L.R.R.M. (BNA) 2710·1981 U.S. App. LEXIS 16952
United States Court of Appeals for the Ninth CircuitOctober 13, 198180-7273California694 words

Opinion

Opinion

The National Labor Relations Board petitions for enforcement of its order requiring the Maywood Do-Nut Company to cease and desist from refusing to bargain in good faith with Local 34, Bakery, Confectionary and Tobacco Workers International Union of America. We enforce the order of the Board.

The Board’s decision and order are reported at 248 N.L.R.B. No. 80. The Board found that the company had violated § 8(a)(5) of the Act, 29 U.S.C. § 158 (a)(5), by engaging in dilatory and surface bargaining. The company used negotiators who had no authority to make any concessions, failed to present counterproposals, and failed to meet with the union at reasonable times and places. There is substantial evidence in the record considered as a whole to support the Board’s conclusions. Insofar as there was conflicting testimony the Board and administrative law judge did not credit that of the company. We therefore affirm the Board’s order. Seattle First National Bank v. NLRB, 638 F.2d 1221, 1226 (9th Cir. 1981); K-Mart Corp. v. NLRB, 626 F.2d 704, 706 (9th Cir. 1980); Queen Mary Restaurants Corp. v. NLRB, 560 F.2d 403, 407 (9th Cir. 1977).

THE TAPE RECORDINGS

The company argues that the Board…

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