National Labor Relations Board v. Moyer & Pratt, Inc., 84
Decision Date | 08 December 1953 |
Docket Number | Docket 22808.,No. 84,84 |
Citation | 208 F.2d 624 |
Parties | NATIONAL LABOR RELATIONS BOARD v. MOYER & PRATT, Inc. |
Court | U.S. Court of Appeals — Second Circuit |
George J. Bott, David P. Findling, A. Norman Somers, Frederick U. Reel, and Wiley M. Craft, Washington, D. C., for petitioner.
Bond, Schoeneck & King, Syracuse, N. Y., Lyle W. Hornbeck, Syracuse, N. Y., for respondent.
Before SWAN, FRANK and MEDINA, Circuit Judges.
The facts, so far as not here stated, will be found in the Board's decision and order reported in 103 N.L.R.B. No. 6 and in its Decision and Certification reported in 100 N.L.R.B. 190.
1. The Board here held that the company was guilty of an unfair labor practice in that it refused and continued to refuse to bargain collectively with a union previously certified by the Board after an election by secret ballot. The sole issue here is whether the Board had properly certified the union.1
2. The company had filed objections to the conduct of the election. The Regional Director then, pursuant to the Board's Regulation, C.F.R. 102.61, after an investigation, made a written report on these objections, to which the company filed exceptions together with affidavits in support of them. The Board then found as follows:2
The Supreme Court has instructed us that the establishment of procedure and safeguards to insure fairness in elections is entrusted to the Board "with a wide degree of discretion". N. L. R. B. v. A. J. Tower Co., 329 U.S. 324, 330, 67 S.Ct. 324, 328, 91 L.Ed. 322. Generally apposite here is this comment by Judge Parker: "For the courts to substitute their judgment for that of the Board in such matters would be for them to undertake an impossible task and entirely to misconceive their function under the statute."3
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