National Labor Rel. Bd. v. American Laundry Mach. Co.
| Decision Date | 10 December 1945 |
| Docket Number | No. 13.,13. |
| Citation | 152 F.2d 400 |
| Parties | NATIONAL LABOR RELATIONS BOARD v. AMERICAN LAUNDRY MACHINERY CO. |
| Court | U.S. Court of Appeals — Second Circuit |
Alvin J. Rockwell, Gen. Counsel, Malcolm F. Halliday, Associate Gen. Counsel, A. Norman Somers, Ida Klaus, and Dominick L. Manoli, all of Washington, D. C., for petitioner.
Floyd C. Williams, of Cincinnati, Ohio, and Charles S. Wilcox and Charles D. Mercer, both of Rochester, N. Y., for respondent.
Before SWAN, CHASE, and CLARK, Circuit Judges.
In 1942 the Congress of Industrial Organization began to organize a local union among respondent's employees. The employer's interference with such organizational efforts resulted in an order of the Board issued on December 4, 1942, which came before this court on a prior petition of the Board. On October 29, 1943, we granted enforcement of that order. National Labor Relations Board v. American Laundry Machinery Co., 2 Cir., 138 F.2d 889. Meanwhile and during the pendency of that proceeding in this court, the union renewed its campaign of organization and on June 30, 1943 the Board ordered an election to be held on July 28, 1943 to determine whether the respondent's employees desired to select the union as their collective bargaining representative. Some of the employees voluntarily organized an "unaffiliated" group to oppose the election. The union lost the election. It immediately filed objections to the Regional Director's report of election and a charge of unfair labor practices by the employer. These two proceedings were consolidated for hearing by the Board. On July 4, 1944 the Board issued the order of which it seeks enforcement by its present petition. It found that during the three or four weeks preceding the election three of the respondent's supervisory employees questioned certain of their subordinates as to why they joined the union, made disparaging remarks regarding the union and threatened that economic reprisals might follow if the union won the election. The Board also found that a day or two before the election, the respondent's vice-president addressed the employees in a letter and a speech; and it concluded that these communications, considered in the light of the respondent's earlier anti-union activities and the current conduct of its three supervisory employees, carried at least an intimation that by voting for the union the employees would risk incurring the employer's displeasure and incite it to some unfavorable action against them. Accordingly the Board set aside the election of July 28, 1943, ordered the respondent to cease and desist from interfering in any manner with its employees in their right to self-organization, and directed it to mail to all of its employees a notice that it will not engage in the conduct from which it was ordered to desist, and to post similar notices in its plant.
The respondent's main contention is that the Board's findings of fact are not supported by substantial evidence. It is true that...
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Johnson, In re
...307, 84 L.Ed. 396, (1940); NLRB v. Express Publishing Co., 312 U.S. 426, 85 L.Ed. 930, 61 S.Ct. 693 (1941); NLRB v. American Laundry Mach. Co., 152 F.2d 400 (2d Cir. 1945); NLRB v. Clark, 176 F.2d 341 (3d Cir. 1949). Also somewhat analogous is the requirement of reporting income for income ......
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National Labor Relations Board v. Dixie Shirt Co.
...697, 700, 65 S.Ct. 1316, 89 L.Ed. 1877, rehearing denied 326 U.S. 803, 66 S.Ct. 11, 90 L.Ed. 489; National Labor Relations Board v. American Laundry Machinery Co., 2 Cir., 152 F. 2d 400, 401; National Labor Relations Board v. J. L. Brandeis & Sons, 8 Cir., 145 F.2d 556, 558; National Labor ......
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JP Stevens & Co. v. NLRB
...not understand the Board to suggest — that such a mailing order is necessary or even desirable in most cases. NLRB v. American Laundry Machinery Co., 152 F.2d 400 (2d Cir. 1945); cf. NLRB v. United Brotherhood of Carpenters, 321 F.2d 126, 129-130 (9th Cir.), cert. denied, 375 U.S. 953, 84 S......
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INDEPENDENT EMP. ASS'N, ETC. v. NATIONAL LAB. REL. BD., 70
...to any remedy appropriate to redress the unfair labor practices which the employer is found to have committed." NLRB v. American Laundry Machinery Co., 2 Cir., 152 F.2d 400, 401; N. L. R. B. v. Link-Belt Co., 311 U.S. 584, 600, 61 S.Ct. 358, 85 L.Ed. 368; Sperry Gyroscope Co. v. N. L. R. B.......