NLRB v. CJ Pearson Co.
| Decision Date | 22 December 1969 |
| Docket Number | No. 7421.,7421. |
| Citation | 420 F.2d 695 |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. C. J. PEARSON CO., Respondent. |
| Court | U.S. Court of Appeals — First Circuit |
Warren M. Davison, Washington, D. C., with whom Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, and Marcel Mallet-Prevost, Asst. Gen. Counsel, were on brief, for petitioner.
Henry M. Swan, with whom Conrad M. Cutcliffe, Providence, R. I., was on brief, for respondent.
Before ALDRICH, Chief Judge, WOODBURY, Senior Judge,* and COFFIN, Circuit Judge.
The narrow issue in this case is whether the Labor Board was warranted in interpreting a pre-election letter respondent employer circulated among its employees as an improper prediction of the effect of unionization, depriving the employees of a free choice. The Board found the letter an unfair labor practice, making it appropriate for the regional director to have set aside the subsequent election which the union lost. It now seeks the customary order.
We read the opinion in NLRB v. Gissel Packing Co., 1969, 395 U.S. 575, 89 S.Ct. 1918, 23 L.Ed.2d 547, as indicating two ways in which an employer's predictions as to possible unhappy consequences of unionization might transgress. The prediction might indicate that unnecessary consequences would be deliberately inflicted by the employer, in other words, a threat of retaliation. Alternatively, consequences not within the control of the employer might be described as probable or likely, when in fact there was no objective evidence of any such likelihood. This would not be a retaliatory threat, but it would be an improper threat nonetheless. See 395 U.S. 575 at 618, 89 S.Ct. 1918.
The instant letter was phrased in the form of questions. It is true that a question may not be as strong as a positive statement. Nevertheless, the posing of a question indicates that there is some reason for asking it. The Board was warranted in finding that respondent's questions, as put, suggested unpleasant answers. Many were fair. However, we cannot say that the Board was unwarranted in finding that the suggested answers to three of these questions1 fell within one or the other of the Court's interdictions.
The order will be enforced.
* By designation.
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NLRB v. Lenkurt Electric Company, 24035.
...volition and control. This would not be a retaliatory threat, but would be an improper restraint nevertheless. N. L. R. B. v. C. J. Pearson Co., 420 F.2d 695 (1st Cir. 1969). Thus, an employer may not impliedly threaten retaliatory consequences within his control, nor may he, in an excess o......
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N.L.R.B. v. South Shore Hosp.
...any objective evidence, to the effect that consequences not within the control of the employer would be probable. NLRB v. C. J. Pearson Co., 420 F.2d 695 (1st Cir. 1969). In holding that an employer had committed an unfair labor practice by granting seniority wage increases and insurance pr......
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NLRB v. General Stencils, Inc.
...* * *." The case with respect to Klugman's remarks about loss of benefits is closer. In contrast to remarks in NLRB v. C. J. Pearson Co., 420 F.2d 695, 696 (1 Cir. 1969), and NLRB v. Central Power & Light Co., 425 F.2d 1318, 1323 (5 Cir. 1970), we entertain some doubt whether the Gissel tes......
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Hecla Min. Co. v. N.L.R.B.
...his volition and control. This would not be a retaliatory threat, but would be an improper restraint nevertheless. N.L.R.B. v. C. J. Pearson Co., 420 F.2d 695 (1st Cir. 1969). Thus, an employer may not impliedly threaten retaliatory consequences within his control, nor may he, in an excess ......