NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
PRODUCTION PLATED PLASTICS, INC., RESPONDENT

6th Cir. | 1981-11-09
No. 80-1290
Before WEICK and ENGEL, Circuit Judges and ALDRICH, District Judge.
663 F.2d 709 United States Court of Appeals for the Sixth Circuit (1981)

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Holding

The court holds that the National Labor Relations Board's order is enforceable as there was sufficient evidence and no need for a hearing.


Facts & Procedural History

The NLRB ordered Production Plastics to bargain with a union, reinstate employees, and cease unfair practices, including denying a Christmas bonus aft…

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Opinion of the Court

This matter is before the court upon a petition of the National Labor Relations Board for enforcement of an order of the Board directing Production Plastics, Incorporated to bargain collectively with intervenor Union, to reinstate with backpay certain discharged employees and to cease and desist certain practices that the Board found unfair, including the company’s decision to deny its employees a Christmas bonus after the union had won the election. The Board’s decision and order are reported at 247 NLRB No. 76 (1980).

Upon a consideration of the record as a whole, the court is of the opinion that, contrary to the assertion of respondent, there was not sufficient evidence presented to the Board to have required the holding of a hearing. See NLRB v. Tennessee Packers, 379 F. 2d 172 (6th Cir.), cert. denied, 389 U.S. 958, 88 S.Ct. 338, 19 L.Ed.2d 364 (1967).

It was also asserted that two employees acted as agents of the Union while making threats to fellow employees during the union representation campaign. Irrespective of whether those employees were agents, the limited nature of their conduct, the subsequent apologies by the employees, the absence of any violence in the campaign and the sizable union majority in the election all provided overwhelming evidence that nothing which happened could have destroyed the laboratory conditions for the election. The court is further of the opinion that substantial evidence supports the decision of the Board in all other respects. Accordingly,

The order of the Board is enforced.


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