Legal Opinion · Dissent

Trencor, Inc., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

Court of Appeals for the Fifth Circuit

Decided April 8, 1997No. 96-60130Published

1DissentReynaldo G. Garza, Circuit Judge

While I concur with the majority’s treatment of the union’s guarantees and its alleged “Cateh-22” campaign tactics, I cannot concur with its treatment of the alleged promise of a party and therefore respectfully dissent from its refusal to grant the Board’s petition for enforcement. My disagreement extends to several points, as I explain below.

In his report on Treneor’s objections to the election, the Regional Director for Region 16 stated as follows with respect to the issue of the party:

In support of this objection the Employer provided an employee witness who testified that a Union…

2Cases cited20 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  3. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  4. National Labor Relations Board v. Gissel Packing Co.Supreme Court of the United States · 1969
  5. National Labor Relations Board v. Curtin Matheson Scientific, Inc.Supreme Court of the United States · 1990

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