National Labor Relations Board v. Morris P. Kirk & Son, Inc.

In this case the National Labor Relations Board seeks enforcement, pursuant to Section 10 of the National Labor Relations Act, 29 U.S.C.A. § 160 , of its order issued against respondents.

Respondent Morris P. Kirk & Son, Inc., hereinafter called Kirk, is a Nevada corporation engaged in the manufacture and sale of lead allied products. It has its principal place of business in Los Angeles. The Board found this respondent guilty of violation of Sections 8(1), 8(2), 8(3) and 8(5) of the Act, 29 U.S.C.A. § 158 (1, 2, 3, 5).

With respect to Section 8(2), the Board found that Kirk had contributed support to, dominated, and interfered with the formation and administration of the Morris P. Kirk & Son. Inc., Employees Association, a union of its employees, hereinafter called Association. It found, too, that, acting together with the other respondents, Kirk contributed financial and other support to, and dominated and interfered with the formation of and administration of the Liberty Protective League, a later organized employees’ organization, hereinafter called League.

As to Section 8(5), the Board found that Kirk refused on February 6, 1939, and at all times subsequent thereto, to…

(concurring).

I concur in the opinion with the proviso that reference therein to the opinion in National Labor Relations Board v. Sun Tent-Luebbert Co., 1945, 151 F.2d 483 , shall be modified, so far as my concurrence goes, by my dissent in that case. I concur in the proposed order of this court.