National Labor Relations Board v. Volney Felt Mills, 11982.
| Decision Date | 23 February 1954 |
| Docket Number | No. 11982.,11982. |
| Citation | 210 F.2d 559 |
| Parties | NATIONAL LABOR RELATIONS BOARD v. VOLNEY FELT MILLS, Inc. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Bernard Dunau, Washington, D. C., George J. Bott, David P. Findling A. Norman Somers, Bernard Dunau, H. Herrick, Washington, D. C., on the brief, for petitioner.
Samuel Lang, New Orleans, La., Kullman & Lang, New Orleans, La., on the brief, for respondent.
Before SIMONS, Chief Judge, and MARTIN and MILLER, Circuit Judges.
The respondent assails the validity of an order of the Board directing it to bargain with a union of its employees and for other remedial measures on the ground that a consent election agreement entered into by the respondent was obtained by fraud, that the Regional Director's decisions upon challenged ballots were arbitrary and capricious, that the certification of the union as bargaining agent was not in conformity with the policies of the Board and the requirements of the Labor Act, 29 U.S. C.A. § 141 et seq., and because the respondent was not granted a hearing upon the record of the investigation of the challenges.
We have carefully reviewed the evidence presented by the respondent and given consideration to its brief and oral argument. There is no proof of fraud in obtaining from the respondent the execution of the agreement consenting to the holding of an election by its employees. Fraud will not lightly be inferred and in its absence or in the absence of such gross mistakes as would necessarily imply bad faith or a failure to exercise an honest judgment, a government contract committing final decision to an administrative officer with the right of appeal to the head of an agency may not be set aside or repudiated, United States v. Wunderlich, 342 U.S. 98, 72 S.Ct. 154, 96 L.Ed. 113; United States v. Moorman, 338 U.S. 457, 70 S.Ct. 288, 94 L.Ed. 256.
The rulings of the Regional Director were not arbitrary or capricious since they were based upon reasonable grounds, including family relationship of challenged voters to supervisory employees, one of such supervisory employees being the general superintendent of the respondent, and it is to be noted that unless there was infirmity in each of the challenges the union would still have prevailed and a mistake of honest judgment does not constitute an arbitrary or capricious decision.
It is clear that the right to a hearing conferred by the Act may be waived, National Labor Relations Board v. Standard...
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NLRB v. Parkhurst Manufacturing Company
...National Labor Relations Board v. Saxe-Glassman Shoe Corp., 1 Cir., 1953, 201 F.2d 238, 240-241. See National Labor Relations Board v. Volney Felt Mills, Inc., 6 Cir., 1954, 210 F.2d 559. Thus the execution of the consent election agreement by the union and respondent is binding upon Parkhu......
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NLRB v. Chelsea Clock Company, 7237.
...v. Jas. H. Matthews & Co., 342 F.2d 129 (3d Cir. 1965), cert. denied, 382 U.S. 832, 86 S.Ct. 74, 15 L.Ed.2d 76; NLRB v. Volney Felt Mills, Inc., 210 F.2d 559 (6th Cir. 1954); Manning, Maxwell and Moore v. NLRB, 324 F.2d 857 (5th Cir. 1963); NLRB v. Saxe-Glassman Shoe Corp., Whereas in conse......
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National Labor Relations Board v. JW Rex Company
...erroneous. But something more than error is necessary to spell out arbitrary or capricious action. National Labor Relations Board v. Volney Felt Mills, Inc., 6 Cir., 1954, 210 F.2d 559, 560. The company seems to rely on National Labor Relations Board v. Sidran, 5 Cir., 1950, 181 F.2d 671, a......
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Elec. Workers Local 58 v. Gary's Elec. Serv.
...imply bad faith or a failure to exercise an honest judgment, [an agreement] may not be set aside . . . ." NLRB v. Volney Felt Mills, Inc., 210 F.2d 559, 560 (6th Cir. 1954). In this case, Pipia's testimony basically comes down to his claim that he was ignorant of the type of arrangement to ......