National Labor Relations Board v. Eastern Die Co.

First Circuit

National Labor Relations Board v. Eastern Die Co.

340 F.2d 607, 58 L.R.R.M. (BNA) 2255, 1965 U.S. App. LEXIS 6773

CourtCourt of Appeals for the First Circuit

DecidedJanuary 25, 1965

Docket6356_1

StatusPublished

Cited by7 cases

This text of 340 F.2d 607 (National Labor Relations Board v. Eastern Die Co.) 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. Eastern Die Co., 340 F.2d 607, 58 L.R.R.M. (BNA) 2255, 1965 U.S. App. LEXIS 6773 (1st Cir. 1965).

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Opinion

PER CURIAM.

There is so little merit in any of the defenses raised in opposition to this-petition for enforcement of an order of the National Labor Relations Board that, it is quite unnecessary to recite the facts. It will suffice to say that the record considered as a whole amply supports the-Board’s finding that the respondent violated § 8(a) (1) and (3) of the Act, 61 Stat. 140, 29 U.S.C. § 158(a) (1) and (3), by threateningly interrogating some-of its employees with respect to their union activities and by discriminatingly laying off some union sympathizers- and failing to reinstate them to substantially equivalent employment.

The respondent’s contention that the evidentiary use of the statement attributed to its manager that the Union * undertaking to organize its plant “wouldi *608 get the boys in trouble” or the statement to an employee attributed to its foreman that he had “better not get caught with a Union leaflet” would violate the First Amendment and § 8(c) of the Act is groundless. Neither § 8(c) of the Act, 61 Stat. 142, 29 U.S.C. § 158(c) nor the First Amendment prohibits the evidentiary use of statements by management which contain a “threat of reprisal.” See NLRB v. Virginia Electric & Power Co., 314 U.S. 469, 477, 478, 62 S.Ct. 344, 86 L.Ed. 348 (1941). When considered with the surrounding facts and circumstances the statements quoted above were properly, indeed necessarily, found to contain such a threat.

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

*

International Union of Electrical, Radio and Machine Workers, AFD-CIO.

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PER CURIAM.

There is so little merit in any of the defenses raised in opposition to this-petition for enforcement of an order of the National Labor Relations Board that, it is quite unnecessary to recite the facts. It will suffice to say that the record considered as a whole amply supports the-Board’s finding that the respondent violated § 8(a) (1) and (3) of the Act, 61 Stat. 140, 29 U.S.C. § 158(a) (1) and (3), by threateningly interrogating some-of its employees with respect to their union activities and by discriminatingly laying off some union sympathizers- and failing to reinstate them to substantially equivalent employment.

The respondent’s contention that the evidentiary use of the statement attributed to its manager that the Union * undertaking to organize its plant “wouldi *608 get the boys in trouble” or the statement to an employee attributed to its foreman that he had “better not get caught with a Union leaflet” would violate the First Amendment and § 8(c) of the Act is groundless. Neither § 8(c) of the Act, 61 Stat. 142, 29 U.S.C. § 158(c) nor the First Amendment prohibits the evidentiary use of statements by management which contain a “threat of reprisal.” See NLRB v. Virginia Electric & Power Co., 314 U.S. 469, 477, 478, 62 S.Ct. 344, 86 L.Ed. 348 (1941). When considered with the surrounding facts and circumstances the statements quoted above were properly, indeed necessarily, found to contain such a threat.

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

*

International Union of Electrical, Radio and Machine Workers, AFD-CIO.

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340 F.2d 607, 58 L.R.R.M. (BNA) 2255, 1965 U.S. App. LEXIS 6773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-eastern-die-co-ca1-1965.

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