NLRB v. Ingram, 17799.
| Decision Date | 13 January 1960 |
| Docket Number | No. 17799.,17799. |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Forrest INGRAM and Ray Fechtel, a Partnership d/b/a Golden Rod Broilers, Respondent. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Margaret M. Farmer, Atty., Thomas J. McDermott, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Stuart Rothman, Gen. Counsel, Duane B. Beeson, Attys., N. L. R. B., Washington, D. C., for appellant.
Mark L. Taliaferro, C. V. Stelzenmuller, Birmingham, Ala., Finis E. St. John, Cullman, Ala., St. John & St. John, Cullman, Ala., Burr, McKamy, Moore & Thomas, Birmingham, Ala., of counsel, for respondent.
Before RIVES, Chief Judge, and HUTCHESON and CAMERON, Circuit Judges.
In a brief decision and order, 122 NLRB, 135, the Board adopted the findings, conclusions and recommendation of the trial examiner and ordered the respondent: (1) to cease and desist from discharging employees or otherwise discriminating against them in their employment, because of their exercise of the right to self organization or to join labor organizations, and from in any other manner interfering with them in the exercise of that right; and (2) to reinstate and make whole J. D. Jones, Emma Hamrick, and Reba Sandlin. Here, seeking enforcement of its order, the Board insists that its findings and decision find full support in the evidence.
Respondent, assailing the order as (1) without jurisdictional basis,1 and (2) as without support in the evidence, vigorously resists its enforcement.
While we recognize the ability, sincerity, and earnestness with which the jurisdictional defenses are urged, we are of the clear opinion that none of them are well taken.
Agreeing with respondent's contention that the Board's jurisdiction will not be presumed but must be made to appear, we are unable to agree that jurisdiction was not clearly shown here, indeed we regard as far fetched the claim that jurisdiction was insufficiently alleged.
Its other grounds of attack on the jurisdiction are no better taken. The claim that, on this record, it must be held that the employees who filed the charges were not acting for themselves but were merely fronting for the union, is completely answered, we think, by what was done and said by this court in National Labor Relations Board v. Augusta Chemical Co., 5 Cir., 187 F.2d 63. Nothing in National Labor Relations Board v. Happ Bros., 5 Cir., 196 F.2d 195, 196 or National Labor Relations Board v. Alside Inc., 6 Cir., 192 F.2d 678, is at all to the contrary.
Of respondent's third jurisdictional point, that its employees are agricultural workers and not under the act, we think it must be said that it failed to show, as required by the act, that its processing plant was functioning as an incident of work on a farm or in conjunction with such farming operations. Cf. National Labor Relations Board v. John W. Campbell, 5 Cir., 159 F.2d 184, Mitchell v. Huntsville Wholesale Nurseries, Inc., 5 Cir., 267 F.2d 286.
Coming last to respondent's attacks upon the insufficiency of the evidence to support the order, we find it sufficient to say of them that, while we find ourselves in agreement with respondent's claim that the evidence does not sustain the Board's finding that the complaining employees were discharged, and, therefore, it does not support the order to reinstate them, we find ourselves in equal disagreement with the claim that the record does not support the findings of interference, restraint, and coercion, in violation of Section 8(a) (1) of the Act, 29 U.S.C.A. § 158(a) (1).
Disagreeing, therefore, with respondent's claim that the evidence is insufficient to show that respondent knew of and undertook to interfere with the activities of its employees in the exercise of their right to self organization and to engage in concerted activities, in violation of Section 7 of the Act, 29 U.S. C.A. § 157, we yet agree with its claim that no case of wrongful discharge was made out. This is because, though what was said and...
To continue reading
Request your trial
-
National Labor Relations Board v. Walton Manufacturing Company National Labor Relations Board v. Florida Citrus Canners Cooperative
...Board v. Williamson-Dickie Mfg. Co., 130 F.2d 260; National Labor Relations Board v. Alco Feed Mills, 133 F.2d 419; National Labor Relations Board v. Ingram, 273 F.2d 670; National Labor Relations Board v. Allure Shoe Corp., 277 F.2d 231; Frosty Morn Meats, Inc., v. National Labor Relations......
-
MARYDALE PRODUCTS CO. v. UPW OF AMERICA, AFL-CIO, 19482.
...B., 4 Cir., 1937, 91 F.2d 134, 138, 112 A.L.R. 948; N. L. R. B. v. Ford Radio and Mica Corp., 2 Cir., 1958, 258 F.2d 457; N. L. R. B. v. Ingram, 5 Cir., 273 F.2d 670; N. L. R. B. v. International Woodworkers, 5 Cir., 243 F.2d 745; Progressive Mine Workers of America v. N. L. R. B., 7 Cir., ......
-
NLRB v. Walton Manufacturing Company
...in a case of reinstatement and reimbursement than where a cease and desist order is directed against interference. See N. L. R. B. v. Ingram, 5 Cir., 1960, 273 F.2d 670; N. L. R. B. v. Tex-O-Kan Flour Mills Co., 5 Cir., 1941, 122 F.2d 433. In the determination of whether there is substantia......
-
NLRB v. WALTON MANUFACTURING COMPANY
...ought therefore to be substantial, and surmise or suspicion, even though reasonable, is not enough." See, for example, N. L. R. B. v. Ingram, 1960, 273 F.2d 670, 673. Frosty Morn Meats v. N. L. R. B., 5 Cir. 1961, 296 F.2d 617, 620, is a good example of the Board's misconception of this Cou......