National Labor Relations Board v. Gould, Inc.

Sixth Circuit

National Labor Relations Board v. Gould, Inc.

570 F.2d 137, 98 L.R.R.M. (BNA) 2183, 1978 U.S. App. LEXIS 13057

CourtCourt of Appeals for the Sixth Circuit

DecidedJanuary 13, 1978

Docket76-1839

StatusPublished

This text of 570 F.2d 137 (National Labor Relations Board v. Gould, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Gould, Inc., 570 F.2d 137, 98 L.R.R.M. (BNA) 2183, 1978 U.S. App. LEXIS 13057 (6th Cir. 1978).

Pincite

Opinion

ORDER

Before CELEBREZZE and MERRITT, Circuit Judges and CECIL, Senior Circuit Judge.

Petitioner, National Labor Relations Board (NLRB), seeks enforcement of its order finding Respondent, Gould, Inc. (Gould), to have committed unfair labor practices and Respondent cross-petitions for review and to have the order set aside. The NLRB found Gould to have violated § 8(a)(1) of the National Labor Relations Act by writing a letter to the Tennessee Department of Employment Security (TDES) requesting TDES to check the earnings records of certain Gould employees who had been laid off. The NLRB found Gould to have violated § 8(a)(3) and (1) of the Act by refusing to recall from layoff seven employees allegedly because of their union activities and support.

This Court is of the opinion that Gould did not violate § 8(a)(1) of the Act by writing the letter in question to TDES. The letter had the legitimate business purpose of preventing unnecessary depletion of Gould’s unemployment fund with the State. There is not substantial evidence in the record taken as a whole to support the NLRB’s finding that the letter constituted a violation of § 8(a)(1).

This Court is further of the opinion that the refusal to recall from layoff the seven employees in question did not constitute a violation of § 8(a)(3) and (1) of the Act. There is not substantial evidence in the record taken as a whole that these refusals to recall were based upon these employees’ union activities and support.

The petition of the NLRB for enforcement is denied. The cross-petition for review and to set aside the NLRB order is granted.

It is so ordered.

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ORDER

Before CELEBREZZE and MERRITT, Circuit Judges and CECIL, Senior Circuit Judge.

Petitioner, National Labor Relations Board (NLRB), seeks enforcement of its order finding Respondent, Gould, Inc. (Gould), to have committed unfair labor practices and Respondent cross-petitions for review and to have the order set aside. The NLRB found Gould to have violated § 8(a)(1) of the National Labor Relations Act by writing a letter to the Tennessee Department of Employment Security (TDES) requesting TDES to check the earnings records of certain Gould employees who had been laid off. The NLRB found Gould to have violated § 8(a)(3) and (1) of the Act by refusing to recall from layoff seven employees allegedly because of their union activities and support.

This Court is of the opinion that Gould did not violate § 8(a)(1) of the Act by writing the letter in question to TDES. The letter had the legitimate business purpose of preventing unnecessary depletion of Gould’s unemployment fund with the State. There is not substantial evidence in the record taken as a whole to support the NLRB’s finding that the letter constituted a violation of § 8(a)(1).

This Court is further of the opinion that the refusal to recall from layoff the seven employees in question did not constitute a violation of § 8(a)(3) and (1) of the Act. There is not substantial evidence in the record taken as a whole that these refusals to recall were based upon these employees’ union activities and support.

The petition of the NLRB for enforcement is denied. The cross-petition for review and to set aside the NLRB order is granted.

It is so ordered.

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Bluebook (online)

570 F.2d 137, 98 L.R.R.M. (BNA) 2183, 1978 U.S. App. LEXIS 13057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-gould-inc-ca6-1978.