Legal Opinion · Dissent

National Labor Relations Board v. Albion Corporation, D/B/A Brooks, Inc.

Court of Appeals for the Tenth Circuit

Decided March 5, 1979No. 77-1424Published

1DissentBarrett, Circuit Judge

I respectfully dissent.

*942I do not believe that Torgove’s statement gave rise to a § 8(a)(1) violation. In his dissenting opinion Board Member Walther pertinently observed:

Finally, I cannot agree with my colleagues that Torgove’s statement to Hoffman that “anyone who picketed would never work for Respondent again” violated Section 8(a)(1) of the Act. Although such a statement would ordinarily constitute a violation of Section 8(a)(1), Respondent’s subsequent conduct in offering to reinstate both janitorial and maintenance employees effectively rebutted the import of the threat. As with…

2Cases cited5 opinions

  1. National Labor Relations Board v. Great Dane Trailers, Inc.Supreme Court of the United States · 1967
  2. National Labor Relations Board v. Fleetwood Trailer Co.Supreme Court of the United States · 1967
  3. Johns-Manville Products Corporation, Petitioner-Cross v. National Labor Relations Board, Respondent-CrossCourt of Appeals for the Fifth Circuit · 1977
  4. Cannady, D/b/a, Bob White Target Co. v. National Labor Relations Board, National Labor Relations Board v. Cannady, D/b/a, Bob White Target Co.Court of Appeals for the Tenth Circuit · 1972
  5. M. S. P. Industries, Inc. v. National Labor Relations BoardCourt of Appeals for the Tenth Circuit · 1977

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