NATIONAL LABOR RELATIONS BOARD v. Wilson Concrete Company
| Decision Date | 14 June 1962 |
| Docket Number | No. 16946.,16946. |
| Citation | 304 F.2d 1 |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. WILSON CONCRETE COMPANY, Respondent. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Melvin J. Welles, Atty., N. L. R. B., Washington, D. C., for petitioner. Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Rosanna A. Blake and Judith Bleich Kahn, Attys., N. L. R. B., Washington, D. C., on the brief.
John E. Tate, Omaha, Neb., for respondent; Charles E. Stenicka, Lincoln, Neb., with him on the brief.
Before SANBORN, BLACKMUN and RIDGE, Circuit Judges.
The National Labor Relations Board, in an unfair labor practice proceeding under § 10 of the National Labor Relations Act, as amended, 29 U.S.C.A. § 160, upon charges made by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Truck Drivers and Helpers Union, Local No. 784, determined that Wilson Concrete Company, at its plant in Grand Island, Nebraska, had engaged in unfair labor practices within the meaning of § 8(a) (1) and 8(a) (3) of the Act, 29 U.S.C.A. § 158(a) (1) and (3). The Board's decision and order are reported in 133 N.L. R.B. No. 97. The Board approved the Intermediate Report of the Trial Examiner and adopted his findings and conclusions. The order, dated October 12, 1961, is in conventional form. It requires the respondent to cease and desist from the unfair labor practices it was found to have engaged in; to reinstate, without loss of pay, six employees who were found to have been discriminatorily laid off; and to post the usual notices.
The Board has petitioned this Court for the enforcement of its order, pursuant to § 10(e) of the Act, 29 U.S.C.A. § 160(e). The respondent, in its answer to the petition, objects to the enforcement of the order of the Board, and asks for the dismissal of its petition, for the following assigned reasons:
The Board found that the respondent violated § 8(a) (1) of the Act by interrogating employees about their union sympathies and activities and by inducing and encouraging them to keep the management informed about the Union plans. The Board also found that respondent violated § 8(a) (3) and 8(a)(1) by selecting six employees for layoff — in connection with a seasonal reduction in force in the fall of 1960 — because of their union affiliations and activities.
The Union had on May 13, 1960, won an election conducted by the Board, and on May 23 was certified by it as the collective bargaining representative of certain classes of the respondent's employees at its Grand Island plant, including truck drivers and production...
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NLRB v. Trumbull Asphalt Company of Delaware
...by an adequate evidentiary basis, not to be retried by this court." Judge Sanborn expressed it more concisely in N. L. R. B. v. Wilson Concrete Co., 304 F.2d 1, 2 (8 Cir. 1962), when he said, "The Board is the trier of the facts. This Court cannot retry them. Errors of fact committed by the......
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NLRB v. Byrds Manufacturing Corporation
...75 S.Ct. 36, 99 L.Ed. 648. We find support for our conclusion on this § 8(a) (1) issue in the following cases: N. L. R. B. v. Wilson Concrete Co., 304 F.2d 1 (8 Cir. 1962); N. L. R. B. v. Des Moines Foods, Inc., 296 F.2d 285 (8 Cir. 1961); Kingsbury Elec. Co-op. v. N. L. R. B., 319 F.2d 387......