National Labor Relations Bd. v. Inter-City Adv. Co.
| Decision Date | 16 July 1951 |
| Docket Number | No. 6226.,6226. |
| Citation | 190 F.2d 420 |
| Parties | NATIONAL LABOR RELATIONS BOARD v. INTER-CITY ADVERTISING CO. OF CHARLOTTE, N. C., Inc. et al. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Frederick U. Reel, Atty., National Labor Relations Board, Washington, D. C. (George J. Bott, General Counsel; David P. Findling, Associate General Counsel; A. Norman Somers, Assistant General Counsel, and Melvin Pollack, Attorney, National Labor Relations Board, Washington, D. C., on brief), for petitioner.
Whiteford S. Blakeney, Charlotte, N. C. (Pierce & Blakeney, Charlotte, N. C., on brief), for respondents.
Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.
This is a petition to enforce an order of the National Labor Relations Board finding that respondent had restrained and coerced its employees with respect to union activities, had discriminatorily discharged certain of them and had refused to bargain with the union which they had chosen as bargaining representative. It requires respondent to recognize the union as bargaining agent of the employees, to cease and desist from anti-union activities and to restore with back pay employees discriminatorily discharged or shifted to less desirable positions. The order is attacked on the ground that it is not supported by substantial evidence.
The evidence is set forth and analyzed in the Board's order and the Intermediate Report of the Trial Examiner and need not be repeated here. It fully sustains the findings of the Board as to the anti-union activities of respondent, the discriminatory discharge of nonsupervisory employees and the refusal to bargain. It is argued that the refusal to bargain was justified because respondent did not know that the bargaining units were proper or that the union had achieved a majority status; but the propriety of the bargaining units was a matter for the Board and the union unquestionably had a majority status in each of the units involved. Respondent, moreover, made no attempt to ascertain whether or not the union represented a majority of employees in an appropriate unit but declined to bargain when request was made by the union and engaged in unfair labor practices in an attempt to get rid of it as a bargaining representative. In dealing with this matter the Board said:
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...City Brass Works v. NLRB, 357 F.2d 466 (CA5 1966); NLRB v. Fullerton Publishing Co., 283 F.2d 545 (CA9 1960). See NLRB v. Inter-City Advertising Co., 190 F.2d 420 (CA4 1951); NLRB v. Griggs Equipment, Inc., 307 F.2d 275 (CA5 1962); NLRB v. Big Three Welding Equipment Co., 359 F.2d 77 (CA5 1......
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Beasley v. Food Fair of N. C., Inc.
...supervisors there can be no such thing as a discriminatory discharge or an unfair labor practice. . . .' Accord, NLRB v. Inter-City Advertising Co., 190 F.2d 420 (4th Cir. 1951), cert. den. 342 U.S. 908, 72 S.Ct. 301, 96 L.Ed. 679 (1952); NLRB v. Griggs Equipment, Inc., 307 F.2d 275 (5th Ci......
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INTERNATIONAL LADIES'GARMENT WKRS'. UNION v. NLRB, 15038
...Failure to investigate a union's majority claim and bargain if it is substantiated is an unfair labor practice. N. L. R. B. v. Inter-City Adv. Co., 4 Cir., 1951, 190 F.2d 420, certiorari denied 1952, 342 U.S. 908, 72 S.Ct. 301, 96 L.Ed. 679; N. L. R. B. v. Crown Can Co., 8 Cir., 1943, 138 F......
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