National Labor Relations Board v. Cooke & Jones, Inc.

First Circuit

National Labor Relations Board v. Cooke & Jones, Inc.

339 F.2d 580, 58 L.R.R.M. (BNA) 2032, 1964 U.S. App. LEXIS 3518

CourtCourt of Appeals for the First Circuit

DecidedDecember 21, 1964

Docket6371_1

StatusPublished

Cited by4 cases

This text of 339 F.2d 580 (National Labor Relations Board v. Cooke & Jones, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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National Labor Relations Board v. Cooke & Jones, Inc., 339 F.2d 580, 58 L.R.R.M. (BNA) 2032, 1964 U.S. App. LEXIS 3518 (1st Cir. 1964).

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Opinion

PER CURIAM.

The respondent employer was found by the National Labor Relations Board to have violated sections 8(a) (5) and (1) of the Act, 29 U.S.C. §§ 158(a) (5) and (1). It resists this petition for enforcement on the sole ground that the evidence did not warrant the findings. Respondent, in the first place, has misconstrued the comprehensive report of the trial examiner confirmed by the Board. Its statement that the Board did not “even dignify [certain] * * * testimony by a statement that it was disbelieved” is only narrowly correct. The testimony of respondent’s president to which this referred went solely to the question of motivation. The Board expressly found' that respondent’s motivation was improper. It was unnecessary for it to mention in detail all of respondent’s contrary testimony. The duty to discuss evidence is a matter of degree. Cf. Haverhill Gazette Co. v. Union Leader Corp., 1 Cir., 1964, 833 F.2d 798, 805, cert. den. 379 U.S. -, 85 S.Ct. 329. There was other testimony, which was fully discussed, amply warranting the finding against respondent.

Furthermore, if the promotion of certain of respondent’s carpenters to supervisors was in fact essentially a paper transaction not causing them to become true supervisors, the respondent’s duties to bargain depended upon the actual circumstances, not upon its motivation or good faith. Cf. International Ladies’ Garment Workers’ Union, AFL-CIO v. NLRB, 1961, 366 U.S. 731, 81 S.Ct. 1603, 6 L.Ed.2d 762; NLRB v. Burnup & Sims, 379 U.S. 21, 85 S.Ct. 171, 13 L.Ed.2d 1. The Board has considerable discretion in determining whether an employee is a supervisor. NLRB v. Swift & Co., 1 Cir., 1961, 292 F.2d 561. We find no error in its exercise here.

A decree will be entered enforcing the order of the Board.

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PER CURIAM.

The respondent employer was found by the National Labor Relations Board to have violated sections 8(a) (5) and (1) of the Act, 29 U.S.C. §§ 158(a) (5) and (1). It resists this petition for enforcement on the sole ground that the evidence did not warrant the findings. Respondent, in the first place, has misconstrued the comprehensive report of the trial examiner confirmed by the Board. Its statement that the Board did not “even dignify [certain] * * * testimony by a statement that it was disbelieved” is only narrowly correct. The testimony of respondent’s president to which this referred went solely to the question of motivation. The Board expressly found' that respondent’s motivation was improper. It was unnecessary for it to mention in detail all of respondent’s contrary testimony. The duty to discuss evidence is a matter of degree. Cf. Haverhill Gazette Co. v. Union Leader Corp., 1 Cir., 1964, 833 F.2d 798, 805, cert. den. 379 U.S. -, 85 S.Ct. 329. There was other testimony, which was fully discussed, amply warranting the finding against respondent.

Furthermore, if the promotion of certain of respondent’s carpenters to supervisors was in fact essentially a paper transaction not causing them to become true supervisors, the respondent’s duties to bargain depended upon the actual circumstances, not upon its motivation or good faith. Cf. International Ladies’ Garment Workers’ Union, AFL-CIO v. NLRB, 1961, 366 U.S. 731, 81 S.Ct. 1603, 6 L.Ed.2d 762; NLRB v. Burnup & Sims, 379 U.S. 21, 85 S.Ct. 171, 13 L.Ed.2d 1. The Board has considerable discretion in determining whether an employee is a supervisor. NLRB v. Swift & Co., 1 Cir., 1961, 292 F.2d 561. We find no error in its exercise here.

A decree will be entered enforcing the order of the Board.

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339 F.2d 580, 58 L.R.R.M. (BNA) 2032, 1964 U.S. App. LEXIS 3518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-cooke-jones-inc-ca1-1964.

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