National Labor Relations Board v. Otis Elevator Co.

The issues presented by this petition are stated in the opinion of *177Judge Clark with which there is unanimous agreement in so far as there is enforcement of that part of the order which requires the respondent to make available to the union certain time-study data in its possession which was used in setting up the standards.

The majority does not agree, however, that the refusal of the respondent to permit the union to use its plant to make an independent time-study was a violation of § 8(a)(1)(5) of the Act, 29 U.S.C.A. § 158(a)(1) (5). Unlike the disclosure of pertinent data on which the…