Intertape Polymer Corp. v. National Labor Relations Board

I concur fully in Chief Judge Traxler’s fíne opinion. I agree with him that substantial evidence did support the Board’s interrogation and confiscation findings, but that the part of the Board’s order concluding that Intertape engaged in unlawful surveillance of union activity improperly compromised Intertape’.s right to 'tell employees its side of the story.

Left to my own devices, I would hold that, even if the unfair labor practices alleged by the General Counsel had occurred, the Board would have exceeded its remedial discretion by ordering a new election. This is all the more so where the…