Olson Rug Company v. National Labor Relations Board, 12303.
| Decision Date | 07 November 1958 |
| Docket Number | No. 12303.,12303. |
| Citation | 260 F.2d 255 |
| Parties | OLSON RUG COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Frederick W. Turner, Jr., Chicago, Ill. (Murray B. Woolley, Chicago, Ill., of counsel), for petitioner.
Thomas J. McDermott, Assoc. Gen. Counsel, Melvin J. Welles, Atty., National Labor Relations Board, Washington, D. C. (Jerome D. Fenton, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Frederick U. Reel, Atty., National Labor Relations Board, Washington, D. C., on the brief), for respondent.
Before FINNEGAN, SCHNACKENBERG and PARKINSON, Circuit Judges.
Olson Rug Company, the employer, filed objections to an election, conducted by National Labor Relations Board, among its employees and after an investigation by the Board's Regional Director, he recommended overruling those objections; Olson excepted to the Director's report and requested a hearing regarding three objections.1 Subsequently, the Board, on August 29, 1957, issued a "Supplemental Decision And Certification of Representatives," reported in 118 N.L.R.B. 1274, 1276, treating with, and holding adversely to, this employer's objections, and concluding: "Having considered the Regional Director's report on objections and the Employer's exceptions thereto, and having found the Employer's objections to be without merit we hereby overrule them in accordance with the recommendations of the Regional Director, and deny the Employer's request for a hearing." (Emphasis ours.) Textile Workers Union of America, AFL-CIO was then certified as the designated collective bargaining representative of the employees in the unit found appropriate, and Olson, clinging to its claim of illegal pre-election conduct by Textile, has concededly and persistently refused to bargain with that Union. Its steadfast refusal to bargain on the grounds certification was improperly issued precipitated the Board's order against Olson on April 10, 1958 under § 10(c) of the National Labor Relations Act, as amended, 61 Stat. 136, 29 U.S.C.A. § 151 et seq. See also 120 National Labor Relations Board No. 60. In this latter proceeding Olson raised again the objections interposed by it in the representation case. Reaffirming its decision in the representation case, the Board held Olson's refusal to bargain violated § 8(a) (5) and (1) of the Act, ordered this Employer to cease and desist from its unfair labor practices, and directed Olson to bargain with Textile. Olson has petitioned our court for review of this last Board order and, by its answer to that petition the Board asks for enforcement of the challenged order issued April 10, 1957. Through its petition for review Olson picks at the thread of pre-election conduct in the hope of unravelling all that lies behind the order, brought here for review, and as justification for its non-recognition of the certification. But that thread is bound up with power and discretion granted to the Board by Congress. National Labor Relations Board v. National Plastic Products Co., 4 Cir., 1949, 175 F. 2d 755. Of course, if the Board's action is ultra vires the Act, then its order will be denied enforcement in our court, and such illegal action is present when and if the Board tolerates, and by...
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...has observed, that "prattle rather than precision is the dominating characteristic of election publicity * * *." Olson Rug Co. v. NLRB, 260 F.2d 255, 257 (7th Cir. 1958). Since this is so, recognition of the common sense of the workers here involved should lead us to uphold the Board's deci......
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NLRB v. Sauk Valley Manufacturing Co., Inc.
...recognizing that "prattle rather than precision is the dominating characteristic of election publicity * * *." Olson Rug Company v. N.L.R.B., 260 F.2d 255, 257 (7 Cir. 1958). See e. g. N.L.R.B. v. Golden Age Beverage Co., 415 F.2d 26, 30-31 (5 Cir. 1969); Baumritter Corp. v. N.L.R.B., 386 F......
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...grounds for the director's finding that the assertions were capable of evaluation by the employees...." Finally, in Olson Rug Company v. NLRB, 260 F.2d 255 (7th Cir.1958), the statements were contained in campaign literature, enabling the court to review carefully the statements and conclud......
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N.L.R.B. v. Valley Bakery, Inc., 91-70352
...grounds for the director's finding that the assertions were capable of evaluation by the employees...." Finally, in Olson Rug Company v. NLRB, 260 F.2d 255 (7th Cir.1958), the statements were contained in campaign literature, enabling the court to review carefully the statements and conclud......