National Labor Relations Board v. Epstein, No. 10888.

CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
Writing for the CourtGOODRICH, STALEY and HASTIE, Circuit
Citation203 F.2d 482
PartiesNATIONAL LABOR RELATIONS BOARD v. EPSTEIN et al.
Decision Date15 April 1953
Docket NumberNo. 10888.

203 F.2d 482 (1953)

NATIONAL LABOR RELATIONS BOARD
v.
EPSTEIN et al.

No. 10888.

United States Court of Appeals Third Circuit.

Argued January 23, 1953.

Decided April 15, 1953.

Rehearing Denied May 7, 1953.


203 F.2d 483

Harvey B. Diamond, Washington, D. C. (George J. Bott, Gen. Counsel, David P. Findling, Associate Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, Bernard Dunau, Atty., National Labor Relations Board, Washington, D. C., on the brief), for petitioner.

James M. Quigley, Harrisburg, Pa. (Samuel A. Schreckengaust, Jr., McNees, Wallace & Nurick, Harrisburg, Pa., on the brief), for respondents.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.

STALEY, Circuit Judge.

The Board seeks enforcement of its order of January 29, 1952, requiring respondents, Harry Epstein, Irving Epstein, and Lena Epstein, co-partners, d/b/a Top Mode Manufacturing Company, to bargain with Local 108 of the International Ladies' Garment Workers' Union and granting other related relief.1

After an unpleasant experience with a Philadelphia local of the same International Union, which resulted in the respondents' discontinuance of their operations there, the firm opened a plant for the manufacturing of women's dresses at Dauphin, Pa., about August 1, 1949. Within three weeks the union began organizing the employees. On August 29, the union agent, by letter, advised respondents that the union had achieved majority status and requested contract negotiations with the union. On September 6, the firm's attorney replied that he had advised Harry Epstein, manager of the company, to insist upon proper certification as the collective bargaining agent before agreeing to negotiate. Thereupon, the following day, Johnson, the union organizer, filed a petition for certification with the Board. The union sought an early date for a consent election, while Epstein sought delay; however, October 17 was finally fixed. Shortly after the date had been agreed to, the union became

203 F.2d 484
aware of certain conduct of Epstein which caused it to withdraw the petition for certification and to file on September 28 an unfair labor practice charge, alleging violation of Section 8(a) (5) by refusal to bargain and of Section 8(a) (1) by engaging in interrogation, threats, and other similar improper conduct.2 On April 2, 1951, an amended charge was filed which repeated the allegations of the original charge and extended them to that date

The respondent's chief complaint is that the Board predicated its finding of a refusal to bargain upon the attorney's letter3 of September 6. Counsel in the brief and at the oral argument made the point that by so doing there is an implication of either bad faith or a lack of professional competence on his part. A study of the record reveals that the Board considered the letter as but one of the props which Epstein used in setting the stage for his play of dissipating the union's majority. It was, however, merely the first one, and at that time undoubtedly properly supplied and unrecognizable. It acquired its character by his subsequent conduct which made it abundantly clear that at the time it was written for him Epstein entertained no reasonable doubt as to the union's majority. It was this latter finding on which the Board bottomed its conclusion that there was a refusal to bargain and that Epstein caused the letter to be written for delay.

Of course, an employer may rightly withhold recognition from a union possessed of majority status and request an election to confirm its accreditation if there is a bona fide doubt of a majority. Where the refusal is merely to afford time to take action to dissipate the majority, it constitutes a violation of the duty to bargain set forth in Section 8(a) (5) of the Act. National Labor Relations Board v. W. T. Grant Co., 9 Cir., 1952, 199 F.2d 711, certiorari denied, 1953, 344 U.S. 928, 73 S.Ct. 497; Joy Silk Mills, Inc. v. National Labor Relations Board, 1950, 87 U.S.App.D.C. 360, 185 F.2d 732, certiorari denied, 1951, 341 U.S. 914, 71 S.Ct. 734, 95...

To continue reading

Request your trial
25 practice notes
  • Petri Cleaners, Inc. v. Automotive Emp., Laundry Drivers and Helpers Local No. 88, No. 88
    • United States
    • United States State Supreme Court (California)
    • January 26, 1960
    ...for remaining loyal to the company (Top Mode Manufacturing Co., 97 N.L.R.B. 1273, 1290-1292, affirmed N. L. R. B. v. Epstein, 3 Cir., 203 F.2d 482, certiorari denied 347 U.S. 912, 74 S.Ct. 474, 98 L.Ed. 1068; Joy Silk Mills v. N. L. R. B., 87 U.S.App.D.C. 360, 185 F.2d 732, 740, certiorari ......
  • NLRB v. Gotham Shoe Manufacturing Co., No. 121
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • January 14, 1966
    ...Labor Relations Board v. Overnite Transportation Company, 308 F.2d 279, 283 (4th Cir. 1962); National Labor Relations Board v. Epstein, 203 F.2d 482 (3d Cir. 1953); Joy Silk Mills, Inc. v. National Labor Relations Board, supra 185 F.2d at The propriety of the Board's order directing respond......
  • Edward Fields, Inc. v. NLRB, No. 169
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 20, 1963
    ...236 F.2d 438, 442, 444 (5 Cir. 1956); N. L. R. B. v. Charles R. Krimm Lumber Co., 203 F.2d 194, 196 (2 Cir. 1953); N. L. R. B. v. Epstein, 203 F.2d 482, 484 (3 Cir. Negotiating with employees to discourage union affiliation. During the course of Elliott Fields' meeting with the employee com......
  • Fort Smith Broadcasting Company v. NLRB, No. 17669.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 4, 1965
    ...v. Poultry Enterprises, Inc., 207 F.2d 522, 524-525 (5th Cir. 1953); NLRB v. Stewart, 207 F.2d 8, 13 (5th Cir. 1953); NLRB v. Epstein, 203 F.2d 482, 484 (3rd Cir. 1953), cert. denied 347 U.S. 912, 74 S.Ct. 474, 98 L.Ed. 1068 (1953); NLRB v. Jackson Press, Inc., 201 F.2d 541, 544 (7th Cir. 1......
  • Request a trial to view additional results
25 cases
  • Petri Cleaners, Inc. v. Automotive Emp., Laundry Drivers and Helpers Local No. 88, No. 88
    • United States
    • United States State Supreme Court (California)
    • January 26, 1960
    ...for remaining loyal to the company (Top Mode Manufacturing Co., 97 N.L.R.B. 1273, 1290-1292, affirmed N. L. R. B. v. Epstein, 3 Cir., 203 F.2d 482, certiorari denied 347 U.S. 912, 74 S.Ct. 474, 98 L.Ed. 1068; Joy Silk Mills v. N. L. R. B., 87 U.S.App.D.C. 360, 185 F.2d 732, 740, certiorari ......
  • NLRB v. Gotham Shoe Manufacturing Co., No. 121
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • January 14, 1966
    ...Labor Relations Board v. Overnite Transportation Company, 308 F.2d 279, 283 (4th Cir. 1962); National Labor Relations Board v. Epstein, 203 F.2d 482 (3d Cir. 1953); Joy Silk Mills, Inc. v. National Labor Relations Board, supra 185 F.2d at The propriety of the Board's order directing respond......
  • Edward Fields, Inc. v. NLRB, No. 169
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 20, 1963
    ...236 F.2d 438, 442, 444 (5 Cir. 1956); N. L. R. B. v. Charles R. Krimm Lumber Co., 203 F.2d 194, 196 (2 Cir. 1953); N. L. R. B. v. Epstein, 203 F.2d 482, 484 (3 Cir. Negotiating with employees to discourage union affiliation. During the course of Elliott Fields' meeting with the employee com......
  • Fort Smith Broadcasting Company v. NLRB, No. 17669.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 4, 1965
    ...v. Poultry Enterprises, Inc., 207 F.2d 522, 524-525 (5th Cir. 1953); NLRB v. Stewart, 207 F.2d 8, 13 (5th Cir. 1953); NLRB v. Epstein, 203 F.2d 482, 484 (3rd Cir. 1953), cert. denied 347 U.S. 912, 74 S.Ct. 474, 98 L.Ed. 1068 (1953); NLRB v. Jackson Press, Inc., 201 F.2d 541, 544 (7th Cir. 1......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT