National Labor Relations Board v. Express Pub. Co., 9408.
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Citation | 111 F.2d 588 |
| Docket Number | No. 9408.,9408. |
| Parties | NATIONAL LABOR RELATIONS BOARD v. EXPRESS PUB. CO. |
| Decision Date | 17 June 1940 |
111 F.2d 588 (1940)
NATIONAL LABOR RELATIONS BOARD
v.
EXPRESS PUB. CO.
No. 9408.
Circuit Court of Appeals, Fifth Circuit.
May 7, 1940.
Rehearing Denied June 17, 1940.
Charles Fahy, Gen. Counsel, National Labor Relations Board, Robert B. Watts, Associate Gen. Counsel, National Labor Relations Board, and Mortimer B. Wolf,
Leroy G. Denman and Leroy G. Denman, Jr., both of San Antonio, Tex., for respondent.
Before SIBLEY, HOLMES, and McCORD, Circuit Judges.
HOLMES, Circuit Judge.
The respondent, a Texas corporation engaged at San Antonio in the publication of the Morning Express and the Evening News, was found guilty of unfair labor practices by petitioner, and ordered to cease and desist therefrom, as well as to take certain affirmative action which the petitioner found would effectuate the policies of the National Labor Relations Act, the order being issued pursuant to Section 10(c), and the jurisdiction of this court being based upon Section 10(e) of the act. 49 Stat. 449, 29 U.S.C.A. § 151 et seq.
The Board found that respondent had refused to bargain collectively with the San Antonio Newspaper Guild, a labor organization, contrary to Section 8(1) and (5) of the act, and that respondent, by reading a certain statement to its employees, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the act, contrary to Section 8(1) of the act. In addition to requiring respondent to cease and desist from the unfair labor practices found, the Board ordered it to bargain collectively with the Guild, and, if an understanding were reached, to embody it, upon request, in a signed agreement, and to post appropriate notices. The respondent does not object to putting into the form of a signed agreement any understanding which may be reached with the Guild, but denies that there is any evidence in the record to support the findings of the Board.
An analysis of the evidence, and even the argument of counsel for the Board, reduces the question of a refusal to bargain collectively with the Guild to the good faith of the respondent in conducting the negotiations. The facts appear partly in written negotiations, and partly in stenographic reports of the meetings at which the negotiations were had, all of which are stipulated. The Guild's representatives were promptly recognized by the employer, and negotiations...
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National Labor Relations Board v. Express Pub Co, 442
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