National Labor Relations Board v. Allied Foods, Inc.

Fifth Circuit

National Labor Relations Board v. Allied Foods, Inc.

456 F.2d 1286, 80 L.R.R.M. (BNA) 2109, 1972 U.S. App. LEXIS 10485

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 27, 1972

Docket71-3202

StatusPublished

Cited by1 cases

This text of 456 F.2d 1286 (National Labor Relations Board v. Allied Foods, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Labor Relations Board v. Allied Foods, Inc., 456 F.2d 1286, 80 L.R.R.M. (BNA) 2109, 1972 U.S. App. LEXIS 10485 (5th Cir. 1972).

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Opinion

PER CURIAM:

The basic issue is whether the National Labor Relations Board properly found that the Company violated § 8(a) (5) and (1) of the Act [29 U.S.C., § 151 et seq.] by refusing to bargain with the Union. The underlying issue, of course, is whether the Board properly certified the Union. The Company challenged the validity of an election which was held on May 7, 1970, after a final operative petition was filed on February 17, 1970 [superseding prior petitions filed January 12 and January 21, subsequently withdrawn before the final filing of February 17]. The complaint was centered on the organizational activities of a supervisor [Towe] which occurred prior to January 14, when he was discharged for assisting the Union, plus the activities of Supervisors Heath and Foster, the significant portion of which occurred in January. There was also a complaint about a ballot change posted two days before the election, caused by the withdrawal of one of the Unions which had been seeking to be chosen as the representative of the employees.

As to these contentions, and others in the record, a careful review convinces us that the summary judgment directing the Company to bargain should be, and it is,

Enforced.

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PER CURIAM:

The basic issue is whether the National Labor Relations Board properly found that the Company violated § 8(a) (5) and (1) of the Act [29 U.S.C., § 151 et seq.] by refusing to bargain with the Union. The underlying issue, of course, is whether the Board properly certified the Union. The Company challenged the validity of an election which was held on May 7, 1970, after a final operative petition was filed on February 17, 1970 [superseding prior petitions filed January 12 and January 21, subsequently withdrawn before the final filing of February 17]. The complaint was centered on the organizational activities of a supervisor [Towe] which occurred prior to January 14, when he was discharged for assisting the Union, plus the activities of Supervisors Heath and Foster, the significant portion of which occurred in January. There was also a complaint about a ballot change posted two days before the election, caused by the withdrawal of one of the Unions which had been seeking to be chosen as the representative of the employees.

As to these contentions, and others in the record, a careful review convinces us that the summary judgment directing the Company to bargain should be, and it is,

Enforced.

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Bluebook (online)

456 F.2d 1286, 80 L.R.R.M. (BNA) 2109, 1972 U.S. App. LEXIS 10485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-allied-foods-inc-ca5-1972.

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