National Labor Relations Board v. Supak and Sons Manufacturing Corporation, 470 F.2d 998

National Labor Relations Board v. Supak and Sons Manufacturing Corporation

470 F.2d 998 | 4th Cir. | 1973

Lead Opinion

PER CURIAM:

The National Labor Relations Board petitioned for enforcement of its order *999against Supak and Sons Manufacturing Corporation in which the Board found that the company violated § 8(a)(5) and (1) of the National Labor Relations Act [29 U.S.C. § 158(a)(5) and (1)]. The issues and facts were exhaustively stated by the trial examiner, whose findings, conclusions, and recommendations were adopted by a panel of the Board, one member dissenting. Supak & Sons, 192 N.L.R.B. No. 181, 78 LRRM 1289 (1971). Although there are conflicts in the testimony, we are satisfied, upon consideration of the record, briefs, and oral argument, that substantial evidence on the record as a whole supports the Board’s findings and that its rulings are not erroneous. Accordingly, we enforce the Board’s order.

Dissenting Opinion

ALBERT V. BRYAN, Senior Circuit Judge

(dissenting):

For the reasons set forth by Chairman Miller of the National Labor Relations Board in his dissent, I would not enforce the order of the Board. He epitomizes and points up the case sharply, conclusively demonstrating that the respondent did not refuse or fail to bargain and that the alleged instances of coercion by the employer were inconsequential.