Legal Opinion · Dissent

National Labor Relations Board v. Superior of Missouri, Inc.

Court of Appeals for the Eighth Circuit

Decided November 7, 2000No. 99-3648Published

1DissentMcMILLIAN, Circuit Judge

I respectfully dissent.

The majority distinguishes the present case from Alladin Plastics, Inc., 182 NLRB 64 (1970) (Alladin), on the ground that the Union made no effort to dispel the rumors regarding Superior’s role in the failure of the election to take place as scheduled. I believe that the facts of the present case and Alladin are sufficiently analogous to render Alladin controlling. Not only did Superior have ample time to reply to the rumors and, in fact, did so by disseminating a letter to employees, but also there is no suggestion that the Union was responsible for the rumors. Under…

2Cases cited2 opinions

  1. National Labor Relations Board v. Sonoma Vineyards, Inc.Court of Appeals for the Ninth Circuit · 1984
  2. National Labor Relations Board v. Conlon Bros. Mfg. Co.Court of Appeals for the Seventh Circuit · 1951

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