Osbrink

National Labor Relations Board v. Osbrink

Good Law
218 F.2d 341·35 L.R.R.M. (BNA) 2291
United States Court of Appeals for the Ninth CircuitDecember 20, 1954No. 14073California3,082 words

Opinion

Lead Opinion

Stephens, J.

The National Labor Relations Board is before us petitioning for an order of enforcement in two separate though related proceedings which were consolidated for hearing before an examiner, and later before the board. One was a proceeding to set aside a representative election and the other was upon charges that respondent had discharged certain employees in violation of § 8(a) (3) and (1) of the National Labor Relations Act, Title 29 U.S.C.A. § 158 , and in violation of § 8(a) (1) as to certain rights guaranteed by § 7 of the Act, 29 U.S.C.A. § 157 .

The examiner found in the affirmative as to the allegations of the complaint and reported to the board in favor of invalidating the election because of management interference and in favor of reinstating two discharged employees upon the finding that they had been discharged without cause and for their union activities, and ordered the posting of notices in relation to the violations of employees’ rights as guaranteed by § 7 of the Act.

The board approved the report and made its orders accordingly.

At the outset it is well to dispose of one issue raised by Respondent. The union involved in the proceedings is the United Automobile,…

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