Interlake, Inc. v. National Labor Relations Board

Eighth Circuit

Interlake, Inc. v. National Labor Relations Board

529 F.2d 1277, 91 L.R.R.M. (BNA) 2655, 1976 U.S. App. LEXIS 12823

CourtCourt of Appeals for the Eighth Circuit

DecidedFebruary 17, 1976

Docket75--1547

StatusPublished

Cited by3 cases

This text of 529 F.2d 1277 (Interlake, Inc. v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Interlake, Inc. v. National Labor Relations Board, 529 F.2d 1277, 91 L.R.R.M. (BNA) 2655, 1976 U.S. App. LEXIS 12823 (8th Cir. 1976).

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Opinion

PER CURIAM.

Interlake, Inc., requests this Court to review and set aside an order of the National Labor Relations Board. The order requires Interlake to cease and desist from threatening its employees with discharge or other disciplinary action if they seek the assistance of representatives of a labor organization, and from otherwise interfering with its employees in the exercise of their right to engage in union activities. It further requires Interlake to post appropriate notices. The Board cross applies for enforcement of the order. The Board’s decision is reported at 218 NLRB No. 154, 89 LRRM 1794 (1975).

There is substantial evidence on the record as a whole to support the Board’s finding that Interlake violated § 8(a)(1) of the National Labor Relations Act, as amended, 29 U.S.C. § 151 et seq., by threatening to discipline an employee if he persisted in talking with the union about his individual grievances. We recognize that the threat was an isolated one, and that there is a serious question as to whether a remedial order is appropriate. Were we making the initial decision, we might agree with the Administrative Law Judge and the dissenting member of the Board that an order should not be issued; but we are not in that position. The Board has the primary responsibility to determine whether an order is necessary to effectuate the policies of the Act. Virginia Elec. & P. Co. v. National Labor Rel. Bd., 319 U.S. 533, 540, 63 S.Ct. 1214, 87 L.Ed. 1568 (1943); Truck Drivers, Etc., Loc. 705, Int. Bro. Team v. N.L.R.B., 509 F.2d 425 (D.C.Cir. 1974). It has decided that an order is necessary. We cannot say that it has abused its discretion. The threat to the employee was deliberate, direct and particularized. It was not disavowed.

We enforce the order of the Board.

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PER CURIAM.

Interlake, Inc., requests this Court to review and set aside an order of the National Labor Relations Board. The order requires Interlake to cease and desist from threatening its employees with discharge or other disciplinary action if they seek the assistance of representatives of a labor organization, and from otherwise interfering with its employees in the exercise of their right to engage in union activities. It further requires Interlake to post appropriate notices. The Board cross applies for enforcement of the order. The Board’s decision is reported at 218 NLRB No. 154, 89 LRRM 1794 (1975).

There is substantial evidence on the record as a whole to support the Board’s finding that Interlake violated § 8(a)(1) of the National Labor Relations Act, as amended, 29 U.S.C. § 151 et seq., by threatening to discipline an employee if he persisted in talking with the union about his individual grievances. We recognize that the threat was an isolated one, and that there is a serious question as to whether a remedial order is appropriate. Were we making the initial decision, we might agree with the Administrative Law Judge and the dissenting member of the Board that an order should not be issued; but we are not in that position. The Board has the primary responsibility to determine whether an order is necessary to effectuate the policies of the Act. Virginia Elec. & P. Co. v. National Labor Rel. Bd., 319 U.S. 533, 540, 63 S.Ct. 1214, 87 L.Ed. 1568 (1943); Truck Drivers, Etc., Loc. 705, Int. Bro. Team v. N.L.R.B., 509 F.2d 425 (D.C.Cir. 1974). It has decided that an order is necessary. We cannot say that it has abused its discretion. The threat to the employee was deliberate, direct and particularized. It was not disavowed.

We enforce the order of the Board.

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Bluebook (online)

529 F.2d 1277, 91 L.R.R.M. (BNA) 2655, 1976 U.S. App. LEXIS 12823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interlake-inc-v-national-labor-relations-board-ca8-1976.

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