421 F.2d 394 | 5th Cir. | 1970
Lead Opinion
Amax Aluminum Extrusion Products, Inc. petitioned this Court to set aside a final order of the National Labor Relations Board that it cease and desist from refusing to bargain with Aluminum Workers International Union, AFL-CIO, in violation of Section 8(a) of the National Labor Relations Act. The Board cross-petitioned for enforcement.
The Company’s refusal to bargain was based on its contention that the election and subsequent certification of the Un
The Company contends that the Board erred in refusing to order a hearing in either the representation or unfair labor practice proceedings. The defenses of the Company in the unfair labor practice proceedings were substantially the same as the objections relied upon by the- Company in the representation proceedings, and consisted of allegations of improper electioneering in the vicinity of the voting area, fraternization between alleged Union representatives and the Board agent, thus said to give an appearance of irregularity, pre-election misrepresentation, threats and intimidation by the Union, and the atmosphere created by the assassination of King. The Regional Director caused numerous affidavits to be taken and all of the objections were thoroughly investigated and subsequently analyzed by the Regional Director in his detailed report and considered to be without merit. Despite the speculative nature of most of the allegations, which in itself would preclude the necessity of a hearing,
This Court has consistently guarded the rights of a party to a hearing where one is warranted.
We conclude that the findings of the Board are supported by the record considered as a whole,
Accordingly, the order of the Board is enforced.
. See Delta Drilling Company v. N. L. R. B., 5 Cir., 1969, 406 F.2d 109, 112-113; Home Town Foods, Inc. v. N. L. R. B., 5 Cir., 1969, 416 F.2d 392, 396.
. See N. L. R. B. v. Capitan Drilling Company, 5 Cir., 1969, 408 F.2d 676, 677; N. L. R. B. v. Air Control Products of St. Petersburg, Inc., 5 Cir., 1964, 335 F.2d 245.
. See N. L. R. B. v. Otronix, Inc., 5 Cir., 1967, 380 F.2d 737; Home Town Foods, Inc. v. N. L. R. B., 5 Cir., 1967, 379 F.2d 241; National Labor Relations Bd. v. Dallas City Packing Co., 5 Cir., 1956, 230 F.2d 708.
. N. L. R. B. v. Smith Industries, Inc., 5 Cir., 1968, 403 F.2d 889, 892; Howell Refining Company v. N. L. R. B., 5 Cir., 1968, 400 F.2d 213; Home Town Foods, Inc. v. N. L. R. B., 5 Cir., 1967, 379 F.2d 241; United States Rubber Company v. N. L. R. B., 5 Cir., 1967, 373 F.2d 602.
. N. L. R. B. v. Air Control Products of St. Petersburg, Inc., 5 Cir., 1964, 335 F.2d 245, 249.
. Universal Camera Corp. v. National Labor Rel. Bd., 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951); N. L. R. B. v. Camco, Incorporated, 5 Cir., 1965, 340 F.2d 803, 808.
. Pepperell Manufacturing Company v. N. L. R. B., 5 Cir., 1968, 403 F.2d 520, 522; National Labor Relations Board v. Animal Foods Company of Texas, 5 Cir., 1968, 395 F.2d 744.
Rehearing
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.