National Labor Relations Board v. Primrose Super Market of Salem, Inc.

In this case, on April 7, 1965, we affirmed without opinion an order of the NLRB, 148 N.L.R.B. No. 66. Certiorari was denied, October 12, 1965, 86 S.Ct. 68. The employer seeks reconsideration by this court on the ground that the Board’s decision is inconsistent with its subsequent decision in Clermont’s, Inc., September 22, 1965, 154 N.L.R.B. No. 111.

In Clermont’s the Board refused to find an employer who rejected a union’s claim of representation guilty of a section 8(a) (5) unfair labor practice, accepting the employer’s excuse that it had a bona fide, although possibly erroneous, doubt as…