Building Service Employees Local No. 59 v. Newhouse Realty Co.

I dissent. I think the case must be sent back to the Board for a finding on the question of whether the conduct of the supervisory employees was “interference” as is meant by the Act. The Board never made a finding on this important and fundamental fact as I shall now point out. Under the case of Jones v. Industrial Commission, 90 Utah 121, 61 P. 2d 10, such finding is necessary.

With unimportant phrases omitted, the Board found:

“That Respondent has not told or instructed its employees * * * that they should cease any contemplated or actual affiliation with any outside labor union” or “that if…