Legal Opinion

National Labor Relations Board v. W. R. Grace & Co., Construction Products Division

Court of Appeals for the Fifth Circuit

Decided April 13, 1978No. 77-2907PublishedCited by 30 opinions

1Opinion of the Court

THORNBERRY, Circuit Judge:

This case is before the Court on the National Labor Relations Board’s application for enforcement of its order against W. R. Grace & Co. For the reasons stated below, we enforce the bulk of that order.

The Board founc], that the company violated Section 8(a)(5) and (1) of the National Labor Relations Act 1 by failing to bargain with the union 2 during the pendency of company objections to the representation election in which the union was successful. Two issues are presented: (1) was the election valid, and (2) if so, did the company refuse to bargain?

The union filed…

2Cases cited15 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. National Labor Relations Board v. KatzSupreme Court of the United States · 1962
  3. H. K. Porter Co. v. National Labor Relations BoardSupreme Court of the United States · 1970
  4. National Labor Relations Board v. Laney & Duke Storage Warehouse Co., Inc., and Laney & Duke Terminal Warehouse Co., Inc.Court of Appeals for the Fifth Circuit · 1966
  5. National Labor Relations Board v. J. P. Stevens & Company, Inc., Gulistan DivisionCourt of Appeals for the Fifth Circuit · 1976

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3Cited by30 opinions

  1. Soule Glass and Glazing Co. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1981
  2. Highland Ranch v. Agricultural Labor Relations BoardCalifornia Supreme Court · 1981
  3. Electrical Products Division of Midland-Ross Corporation v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 1980
  4. Gulf States Manufacturing, Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1983
  5. Dow Chemical Company, Texas Division v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1981

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