Legal Opinion

National Labor Relations Board v. Payless Cashway Lumber Store of South St. Paul, Inc.

Court of Appeals for the Eighth Circuit

Decided December 19, 1974No. 74-1289PublishedCited by 16 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

The National Labor Relations Board asks this Court to enforce a bargaining order against Payless. Payless defends on the ground that the Board’s certification of the Union 1 is invalid. We refuse to enforce the Board’s order because we believe that remarks made by a public official at a Union election-eve meeting were coercive and so closely related to the election that they had a probable effect on the employees’ actions at the polls.

An election by secret ballot was conducted among certain Payless employees on August 15, 1972. The Union won the election by a fourteen to…

2Cases cited8 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Pittsburgh Plate Glass Co. v. National Labor Relations BoardSupreme Court of the United States · 1941
  3. National Labor Relations Board v. Walton Manufacturing Co.Supreme Court of the United States · 1962
  4. National Labor Relations Board v. Morrison Cafeteria Company of Little Rock, Inc.Court of Appeals for the Eighth Circuit · 1963
  5. National Labor Relations Board v. Griffith Oldsmobile, Inc.Court of Appeals for the Eighth Circuit · 1972

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. National Labor Relations Board v. Hale Manufacturing Company, Inc.Court of Appeals for the Eighth Circuit · 1978
  2. National Labor Relations Board v. Midwest Hanger Co. And Liberty Engineering Corp.Court of Appeals for the Eighth Circuit · 1977
  3. Wyman-Gordon Company v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1981
  4. National Labor Relations Board v. Van Gorp CorporationCourt of Appeals for the Eighth Circuit · 1980
  5. Lacrescent Constant Care Center, Inc. v. National Labor Relations BoardCourt of Appeals for the Eighth Circuit · 1975

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