NLRB v. Patent Trader, Inc., No. 432
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | FEINBERG, Circuit |
| Citation | 426 F.2d 791 |
| Decision Date | 25 May 1970 |
| Docket Number | No. 432,Docket 32743. |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PATENT TRADER, INC., Respondent. |
426 F.2d 791 (1970)
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
PATENT TRADER, INC., Respondent.
No. 432, Docket 32743.
United States Court of Appeals, Second Circuit.
Decided May 25, 1970.
Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Nancy M. Sherman, Atty., N. L. R. B., Washington, D. C., on the brief, for petitioner.
Hugh P. Husband, Jr., New York City, on the brief, for respondent.
Before LUMBARD, Chief Judge, and WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges.
FEINBERG, Circuit Judge:
The National Labor Relations Board petitioned for a rehearing en banc of our panel decision in this case, reported at 415 F.2d 190, 2 Cir., insofar as it denied
The facts of the case are thoroughly set forth in the panel opinion and need not be repeated here. Briefly, the Board petitioned this court for enforcement of its order requiring the Company to cease and desist from certain unfair labor practices and to bargain collectively with the Union. The panel found that even though the Union had been certified after a Board-conducted election, the Company thereafter interfered with, restrained and coerced its employees and for almost a year refused to bargain in good faith with the Union, thereby violating sections 8(a) (1) and (5) of the National Labor Relations Act. This holding was joined in by all members of the panel. Despite these findings, the panel majority refused to enforce the Board's bargaining order because the Union had been "repudiated by the employees." The "repudiation" took place in a secret ballot by the employees a few days after the Company had capped a long series of delaying tactics, designed to destroy the Union majority, with "promises of benefit for the purpose of encouraging abandonment of the Union," 415 F.2d at 199. One member of the panel dissented from the refusal to enforce the bargaining order.
Upon consideration by the full court, and substantially for the reasons...
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Browning-Ferris Industries of California, Inc., 32-RC-109684
...Respondents duty to bargain in good faith.”); see also NLRB v. Patent Trader, 415 F.2d 190, 198 (2d Cir. 1969), modified on other grounds 426 F.2d 791 (2d Cir. 1970)(When a party “ removes from the area of bargaining . . . [the] most fundamental terms and conditions of employment (wages, ho......
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Hy-Brand Industrial Contractors, Ltd., 25-CA-163189
...Respondents duty to bargain in good faith.”); see also NLRB v. Patent Trader, 415 F.2d 190, 198 (2d Cir. 1969), modified on other grounds 426 F.2d 791 (2d Cir. 1970) (When a party “removes from the area of bargaining . . . [the] most fundamental terms and conditions of employment (wages, ho......
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N.L.R.B. v. Maywood Plant of Grede Plastics, AFL-CI
...Corp., 579 F.2d 1388, 1390 (7th Cir. 1978); Ex-Cell-O Corp. v. NLRB, 449 F.2d 1058, 1063 (D.C. Cir. 1971); NLRB v. Patent Trader, Inc., 426 F.2d 791, 792 (2d Cir. 1970) (en banc). 3 Such a bargaining order is, accordingly, the customary remedy when the employer's refusal to bargain is incid......
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Eastern Maine Medical Center v. N.L.R.B., No. 80-1758
...950 (1974), enf'd, 524 F.2d 37 (6th Cir. 1975); NLRB v. Patent Trader, Inc., 415 F.2d 190, 198 (2d Cir. 1969), modified on other grounds, 426 F.2d 791 (1970) (en banc); Adrian Daily Telegram, 214 N.L.R.B. 1103 (1974). We defer here, as in South Shore, to the Board's judgment that this appro......
-
Browning-Ferris Industries of California, Inc., 32-RC-109684
...Respondents duty to bargain in good faith.”); see also NLRB v. Patent Trader, 415 F.2d 190, 198 (2d Cir. 1969), modified on other grounds 426 F.2d 791 (2d Cir. 1970)(When a party “ removes from the area of bargaining . . . [the] most fundamental terms and conditions of employment (wages, ho......
-
Hy-Brand Industrial Contractors, Ltd., 25-CA-163189
...Respondents duty to bargain in good faith.”); see also NLRB v. Patent Trader, 415 F.2d 190, 198 (2d Cir. 1969), modified on other grounds 426 F.2d 791 (2d Cir. 1970) (When a party “removes from the area of bargaining . . . [the] most fundamental terms and conditions of employment (wages, ho......
-
N.L.R.B. v. Maywood Plant of Grede Plastics, AFL-CI
...Corp., 579 F.2d 1388, 1390 (7th Cir. 1978); Ex-Cell-O Corp. v. NLRB, 449 F.2d 1058, 1063 (D.C. Cir. 1971); NLRB v. Patent Trader, Inc., 426 F.2d 791, 792 (2d Cir. 1970) (en banc). 3 Such a bargaining order is, accordingly, the customary remedy when the employer's refusal to bargain is incid......
-
Eastern Maine Medical Center v. N.L.R.B., No. 80-1758
...950 (1974), enf'd, 524 F.2d 37 (6th Cir. 1975); NLRB v. Patent Trader, Inc., 415 F.2d 190, 198 (2d Cir. 1969), modified on other grounds, 426 F.2d 791 (1970) (en banc); Adrian Daily Telegram, 214 N.L.R.B. 1103 (1974). We defer here, as in South Shore, to the Board's judgment that this appro......