NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
K-D MANUFACTURING COMPANY, RESPONDENT
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The court held that the National Labor Relations Board's findings were supported by substantial evidence and therefore enforced the Board's order.
The Board found an employer announced an invalid no solicitation rule, unilaterally terminated Christmas gifts to employees, and made coercive pre-ele…
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PER CURIAM:
The Board seeks an enforcement order. The Board finding that the employer announced an invalid no solicitation rule, e. g., NLRB v. Mid-States Metal Products, Inc., 403 F. 2d 702 (5th Cir. 1968), is supported by substantial evidence pursuant to credibility determinations which the Board was entitled to make.
The Board found that Christmas gifts to employees were a condition of employment1 and that the employer refused to bargain by unilaterally terminating the past practice of making such gifts to employees, and that the company discriminated by making gifts to some employees while withholding them from all employees in the bargaining unit. All of these conclusions are supported by substantial evidence.
We are not able to say that there is insufficient evidence to support the Board’s conclusions that pre-election statements made to employees in speeches by representatives of the company were coercive and threatening. NLRB v. Coats & Clark, Inc., 241 F. 2d 556 (5th Cir. 1957). The Board’s finding is not vitiated by the fact that the union won the election. NLRB v. Hill & Hill Truck Line, Inc., 266 F. 2d 883 (5th Cir. 1959).
Finally, the evidence of company failure to bargain in good faith, while disputed, was sufficient.
The Board order is enforced.
. E. g., NLRB v. Zelrich Co., 344 F. 2d 1011 (5th Cir. 1965).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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J. P. Stevens & Co., Inc. v. Nat'l Labor Relations Bd., 441 F.2d 514 (5th Cir. 1971)
Authorities Cited
- Nat'l Labor Relations Bd. v. Zelrich Co., 344 F.2d 1011 (5th Cir. 1965)
- Nat'l Labor Relations Bd. v. Hill & Hill Truck Line, Inc., 266 F.2d 883 (5th Cir. 1959)
- Nat'l Labor Relations Bd. v. Mid-States Metal Prods., Inc., 403 F.2d 702 (5th Cir. 1968)
- Nat'l Labor Relations Bd. v. Coats & Clark, Inc., 241 F.2d 556 (5th Cir. 1957)