National Labor Relations Board v. Quality Motels of Colorado, Inc.

Tenth Circuit

National Labor Relations Board v. Quality Motels of Colorado, Inc.

462 F.2d 1375, 80 L.R.R.M. (BNA) 3434, 1972 U.S. App. LEXIS 8000

CourtCourt of Appeals for the Tenth Circuit

DecidedAugust 9, 1972

Docket71-1603

StatusPublished

This text of 462 F.2d 1375 (National Labor Relations Board v. Quality Motels of Colorado, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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. Quality Motels of Colorado, Inc., 462 F.2d 1375, 80 L.R.R.M. (BNA) 3434, 1972 U.S. App. LEXIS 8000 (10th Cir. 1972).

Pincite

Opinion

PER CURIAM.

By this application the National Labor Relations Board seeks enforcement of its order entered March 25, 1971, following a Board decision that respondent had violated Section 8(a) (5) and (1) of the National Labor Relations Act during the course of bargaining with Local No. 14 (Denver, Colorado) of the Hotel and Restaurant Employees and Bartenders International Union, AFL-CIO. The decision and order are reported at 189 NLRB No. 49.

We are convinced that the record as a whole does not support the Board’s findings that respondent’s conduct, through unreasonable delay and proscrastination in negotiations, or otherwise, was viola-tive of the Act prior to November 21, 1969, and that the Board further erred in not finding that the parties reached a legally cognizable impasse on that date. However the record amply supports the Board finding and its decision that respondent did thereafter violate Section 8(a) (5) of the Act by unilaterally threatening its employees and urging them to abandon the Union. We agree, therefore, with the result suggested by Chairman Miller in his special concurrence and the revision of the Board order accordingly.

As so revised, the order of the Board will be

Enforced.

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PER CURIAM.

By this application the National Labor Relations Board seeks enforcement of its order entered March 25, 1971, following a Board decision that respondent had violated Section 8(a) (5) and (1) of the National Labor Relations Act during the course of bargaining with Local No. 14 (Denver, Colorado) of the Hotel and Restaurant Employees and Bartenders International Union, AFL-CIO. The decision and order are reported at 189 NLRB No. 49.

We are convinced that the record as a whole does not support the Board’s findings that respondent’s conduct, through unreasonable delay and proscrastination in negotiations, or otherwise, was viola-tive of the Act prior to November 21, 1969, and that the Board further erred in not finding that the parties reached a legally cognizable impasse on that date. However the record amply supports the Board finding and its decision that respondent did thereafter violate Section 8(a) (5) of the Act by unilaterally threatening its employees and urging them to abandon the Union. We agree, therefore, with the result suggested by Chairman Miller in his special concurrence and the revision of the Board order accordingly.

As so revised, the order of the Board will be

Enforced.

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Bluebook (online)

462 F.2d 1375, 80 L.R.R.M. (BNA) 3434, 1972 U.S. App. LEXIS 8000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-quality-motels-of-colorado-inc-ca10-1972.