Butcher Boy Refrigerator Door Company v. NLRB, 13082
| Decision Date | 09 June 1961 |
| Docket Number | No. 13082,13154.,13082 |
| Citation | 290 F.2d 22 |
| Parties | BUTCHER BOY REFRIGERATOR DOOR COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BUTCHER BOY REFRIGERATOR DOOR COMPANY, Respondent. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Francis E. Hickey, Rockford, Ill., Kenneth C. McGuiness, Washington, D. C., for Butcher Boy.
Bernard M. Mamet, Chicago, Ill., amicus curiae, for petitioner.
Stuart Rothman, Gen. Counsel, Robert Sewell, Atty., N. L. R. B., Washington, D. C., for National Labor Relations Board.
Before DUFFY, SCHNACKENBERG and CASTLE, Circuit Judges.
Rehearing Denied in No. 13082 June 9, 1961.
These cases are before the Court pursuant to Section 10(e) of the National Labor Relations Act, as amended, (29 U.S.C.A. § 160(e)) on the petition of Butcher Boy Refrigerator Door Company to review and set aside an order of the Board issued against it and the Board's petition for enforcement of that order.
The Board's decision and order followed proceedings under Section 10(c) of the Act. The Board found that the Company had violated Sections 8(a) (1), (3) and (5) of the Act1 by withholding an employee's insurance benefit check, by imposing a no-smoking on the job rule and threatening to place a lock on the locker room door, by discharging Union president Hall, by refusing to reinstate, upon request, strikers Blazer and Moritz, by delaying the reinstatement of other strikers, and by failing to bargain in good faith with the Union.2
The Board's order directs the Company to cease and desist from the unfair labor practices found and from in any other manner interfering with, restraining or coercing its employees in the exercise of rights guaranteed them by Section 7 of the Act. Affirmatively, the order directs petitioner to offer reinstatement to Hall, Blazer and Moritz, to make them, as well as the strikers whose reinstatement was delayed, whole for any loss suffered, to bargain collectively with the Union on request and to furnish the Union seniority and wage data, and to post the usual appropriate notices.
The contested issue presented for our determination is whether substantial evidence on the record considered as a whole supports the Board's findings that the Company violated Sections 8(a) (1), (3) and (5) of the Act.
We have carefully reviewed the record, the intermediate report of the trial examiner and the decision and order of the Board and it is our opinion that on the record as a whole the Board's findings have substantial evidentiary support. In fact, unless each of the alleged violations is isolated and considered without reference to the setting in which the acts occurred, the argument advanced by the Company with respect to each has no merit. It would serve no useful purpose and unduly lengthen this opinion to recite or attempt to summarize the evidence. We deem it sufficient to observe that from our study of the record we are convinced, as was the Board, that the Company's conduct constituted violations of the Act as found by the Board.
When viewed in the light of the Company's actions which had preceded it, including the reason assigned by the Company for its withholding for several weeks an insurance benefit payment it had received for an employee under its insurance program, and the Company's termination of the employees' prior privilege of smoking on the job, both of which events occurred shortly after the Union had won a Board-conducted election and was...
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