Lundy Packing Co. v. National Labor Relations Board

Fourth Circuit

Lundy Packing Co. v. National Labor Relations Board

549 F.2d 300

CourtCourt of Appeals for the Fourth Circuit

DecidedJanuary 26, 1977

DocketNo. 76-1330

StatusPublished

Cited by1 cases

This text of 549 F.2d 300 (Lundy Packing Co. v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lundy Packing Co. v. National Labor Relations Board, 549 F.2d 300 (4th Cir. 1977).

Pincite

Opinion

PER CURIAM.

In this proceeding the petitioner-employer seeks to review and set aside an order of the National Labor Relations Board finding it guilty of unfair labor practices in a number of particulars and providing certain remedial relief.¹ The Board, in turn, cross-petitions for enforcement of its order, and Local 525, Meat, Food and Allied Workers Union, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO has intervened in support of the Board.

We enforce the order of the Board except for its finding that the speech of the petitioner’s president to the employees was “unlawfully coercive” in violation of the Act. In our opinion such speech constituted protected speech and may not be found to be a violation of the Act. NLRB v. Gissel Packing Co. (1969) 395 U.S. 575, 616-20, 89 S.Ct. 1918, 23 L.Ed.2d 547; N.L.R.B. v. Threads, Incorporated (4th Cir. 1962) 308 F.2d 1 at 8 and 9; N.L.R.B. v. Ogle Protection Service, Inc. (6th Cir. 1967) 375 F.2d 497 at 505. The other findings and conclusions of the Board, on the other hand, are supported by substantial evidence, and the order of the Board will be enforced as to them.

ENFORCEMENT GRANTED IN PART AND DENIED IN PART.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In this proceeding the petitioner-employer seeks to review and set aside an order of the National Labor Relations Board finding it guilty of unfair labor practices in a number of particulars and providing certain remedial relief.¹ The Board, in turn, cross-petitions for enforcement of its order, and Local 525, Meat, Food and Allied Workers Union, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO has intervened in support of the Board.

We enforce the order of the Board except for its finding that the speech of the petitioner’s president to the employees was “unlawfully coercive” in violation of the Act. In our opinion such speech constituted protected speech and may not be found to be a violation of the Act. NLRB v. Gissel Packing Co. (1969) 395 U.S. 575, 616-20, 89 S.Ct. 1918, 23 L.Ed.2d 547; N.L.R.B. v. Threads, Incorporated (4th Cir. 1962) 308 F.2d 1 at 8 and 9; N.L.R.B. v. Ogle Protection Service, Inc. (6th Cir. 1967) 375 F.2d 497 at 505. The other findings and conclusions of the Board, on the other hand, are supported by substantial evidence, and the order of the Board will be enforced as to them.

ENFORCEMENT GRANTED IN PART AND DENIED IN PART.

Cite This Page — Counsel Stack

Bluebook (online)

549 F.2d 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lundy-packing-co-v-national-labor-relations-board-ca4-1977.

Opinion

Related

Cite This Page — Counsel Stack