National Labor Relations Board v. Electronics Equipment Co., Inc

205 F.2d 296, 32 L.R.R.M. (BNA) 2266, 1953 U.S. App. LEXIS 3559

• Court: Court of Appeals for the Second Circuit
• Decided: June 19, 1953
• Docket: 292, Docket 22136
• Status: Published

Opinions

PER CURIAM.

The issues presented by this petition are stated in our previous opinion. National Labor Relations Board v. Electronics Equipment Co., 2 Cir., 194 F.2d 650. In supplemental proceedings, following our remand for that purpose, a hearing was had before a Trial Examiner who, after considering the evidence introduced, filed a report which has now been adopted by order of the Board. The finding on the question to be resolved on the remand is shown by the following excerpt from the examiner’s report:

“I find that the Committee engaged in the circulation of the two letters and in the establishment and maintenance of the picket line and related picket line activities in order to obtain, as at least one of its objectives, an exclusive bargaining agreement for Local 65 dealing with wages, hours and other terms and conditions of employment and covering all except the Respondent’s office clerical employees. I conclude, therefore, that in the context in which they were written, the July 8 and 12 letters showed that Pen-chansky and the other individuals who transmitted the letters intended in fact, when sending the letters, to pursue the aim of obtaining an exclusive-bargaining contract.”

That being so, the majority of this court is of the opinion that the sending of the letters was not protected by Section 7 of the Act, 29 U.S.C.A. § 157, and that our previous denial of the enforcement of the Board’s order should become absolute.

Enforcement denied.