Clark's Gamble Corporation v. NLRB
| Decision Date | 11 February 1969 |
| Docket Number | No. 18354.,18354. |
| Citation | 407 F.2d 199 |
| Parties | CLARK'S GAMBLE CORPORATION d/b/a Clark's Discount Department Store and M. N. Landau Stores, Inc., d/b/a Clark's Stores, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Retail Clerks International Association, its Locals 1262 and 1552 AFL-CIO, Intervenors. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Robert S. Hillman, Baltimore, Md., Shawe & Rosenthal, Baltimore, Md., Earle K. Shawe, William J. Rosenthal, Lawrence S. Wescott, Baltimore, Md., on brief, for petitioners.
Leonard M. Wagman, N.L.R.B., Washington, D. C., Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, Lawrence M. Joseph, Richard Adelman, Attorneys, N.L.R.B., Washington, D. C., on brief, for respondent.
Howard S. Simonoff, Camden, N. J., Plone, Tomar, Parks & Seliger, Camden, N. J., on brief; S. G. Lippman, General Counsel, Retail Clerks International Association, AFL-CIO, of counsel, for intervenors.
Before WEICK, Chief Judge, and PECK and McCREE, Circuit Judges.
Unfair labor charges filed against the petitioners resulted in an order of the National Labor Relations Board determining it to have been guilty of unfair labor practices and ordering it to bargain with the intervening locals of the Retail Clerks International Association. The matter is here presented under a petition to review and to set aside that order and under the Board's cross-petition for its enforcement.
Petitioners are engaged in the operation of discount retail department stores in various states including Ohio, New York, Massachusetts, Indiana and Maryland. In January, February and March of 1965 separate charges were filed by individual locals of the International and by the International itself in the First, Third, Fifth, Ninth, Thirteenth and Twenty-fifth Regional Offices of the National Labor Relations Board. Each alleged a refusal to bargain by the petitioners, in addition to alleging other unfair labor practices. After dismissal of those in the two latter Offices, those from the other Offices were consolidated for hearing and the decision of the Board in the consolidated cases is reported at 169 NLRB No. 43. In the present review the issues arise from the operation of the stores in Springfield, Ohio, and Glens Falls, New York.
The Board found the petitioners guilty of unfair labor practices in violation of Section 8(a) (1) of the National Labor Relations Act (29 U.S.C. § 158(a) (1)) at the Springfield, Ohio, store, primarily on the basis of a request allegedly made by one of its managers to an employee asking that she "talk against the Union" at a meeting, and of statements allegedly made by a department head and a store manager to a second employee, coupled with a five cent an hour increase to her. Based on a review of the printed record only we would be hard pressed to reach the conclusions arrived at by the Trial Examiner, who, "following a familiar pattern," credited the testimony of the employees and discredited that of the witnesses for the petitioners. N.L.R.B. v. Welsh Industries, 385 F.2d 538, 540 (6th Cir. 1967); see also N.L.R.B. v. Fischbach Trucking Co., 398 F.2d 352 (6th Cir. 1968). However, it cannot be said that the Board's conclusions are not supported by substantial evidence or are clearly erroneous, and we therefore cannot disturb them. Section 160(e), Title 29, U.S.C.; Universal Camera Corporation v. N. L. R. B., 340 U.S. 474, 490-491, 71 S.Ct. 456, 95 L.Ed. 456 (1951).
The Board found that petitioners committed several violations of Section 8(a) (1) of the Act at the Glens Falls store by...
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