Johnson & Hardin Co. v. National Labor Relations Board

WELLFORD, J. (p. 244), delivered a separate concurring opinion.

SILER, Circuit Judge.

Petitioner Johnson & Hardin Co. (“J & H”) appeals the decision of the National Labor Relations Board (the “Board”) finding that J & H violated § 8(a)(1) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 158(a)(1), by: (1) preventing union organizers from distributing union literature to J & H’s employees on property over which J & H had only an easement for ingress and egress; and (2) filing criminal trespass complaints that lacked a reasonable basis in law and fact in retaliation for the union…