Trumbull Asphalt Company of Delaware v. NLRB, 13743.
| Decision Date | 04 March 1963 |
| Docket Number | No. 13743.,13743. |
| Citation | 314 F.2d 382 |
| Parties | TRUMBULL ASPHALT COMPANY OF DELAWARE, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. |
| Court | U.S. Court of Appeals — Seventh Circuit |
James F. Flanagan, Harold T. Halfpenny, Richard F. Hahn, Mary M. Shaw, Chicago, Ill., for petitioner.
Marcel Mallet-Prevost, Asst. Gen. Counsel, Melvin Pollack, Atty., Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Judith Bleich Kahn, Atty., National Labor Relations Bd., Washington, D. C., for respondent.
Before HASTINGS, Chief Judge, and KNOCH and SWYGERT, Circuit Judges.
This matter is before us on petition of Trumbull Asphalt Company (petitioner) to review and set aside an order of the National Labor Relations Board (Board). In its answer, the Board petitioned for enforcement of its order.
Petitioner processes and sells asphalt products at its Summit, Illinois plant where the events involved in this case occurred.
The Board found that during a campaign to organize petitioner's employees at its Summit plant and for several months after a Board election, petitioner violated § 8(a) (3) and (1) of the National Labor Relations Act, 29 U.S. C.A. § 158(a) (3) and (1), by discriminating against 18 employees due to their union1 activities, by assignments to disagreeable work, by deprivation of overtime and by layoffs and discharges. The Board further found that petitioner violated § 8(a) (1) of the Act, 29 U.S.C.A. § 158(a) (1), by threatening to visit reprisals on union supporters and promising benefits for forsaking the union, by interrogating employees as to their union sympathies, by attempting to get employees to spy on the union, by sponsoring a movement encouraging employees to withdraw from the union, and by depriving employees of benefits enjoyed prior to their choice of the union as their representative.
The Board ordered petitioner to cease and desist from engaging in the unfair labor practices found and from in any manner interfering with the exercise of rights of its employees guaranteed by Section 7 of the Act. Affirmatively, the order requires petitioner to take certain steps with reference to employment and pay of the several employees involved and other matters set out therein, all of which are consistent with its findings and conclusions.
Petitioner contends the Board's findings are not supported by substantial evidence on the record considered as a whole. Our examination of the voluminous record in this case leads us to the conclusion that there is ample evidence to support the Board's findings. We deem it unnecessary to set out in this opinion the factors in support of the Board's decision. See N. L. R. B. v. Twin Table & Furniture Co., 8 Cir., 308 F.2d 686 (1962). A proper analysis of the evidence is contained in the trial examiner's report which was adopted by the Board. The...
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NLRB v. Trumbull Asphalt Company of Delaware
...reported at 139 N.L.R.B. No. 97. The union concerned is a Teamsters local. Trumbull, a national concern (see Trumbull Asphalt Co. of Del. v. N. L. R. B., 314 F.2d 382 (7 Cir. 1963), cert. denied, 374 U.S. 808, 83 S.Ct. 1697, 10 L.Ed.2d 1032), operates a plant in Minneapolis where it has a s......
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