Legal Opinion

Foreman & Clark, Inc. v. National Labor Relations Board

Court of Appeals for the Ninth Circuit

Decided July 30, 1954No. 13894PublishedCited by 38 opinions

1Opinion of the Court

LEMMON, Circuit Judge.

“The flattery of hope and the impressions of fear”, referred to by common-law writers in connection with confessions, 1 2can intrude themselves into labor relations as well.

The National Labor Relations Act, 29 U.S.C.A. § 151 et seq., hereinafter referred to as the Act, protects the employee from “unfair labor practices”, as defined by statute. Such practices include, by necessary implication, any “threat of reprisal or force or promise of benefit.” 2

But the power of the National Labor Relations Board, hereinafter referred to as the Board, is not limited to protecting the…

2Cases cited45 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  4. Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
  5. National Labor Relations Board v. Hearst Publications, Inc.Supreme Court of the United States · 1944

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3Cited by38 opinions

  1. Utica Mutual Insurance Company v. Merle D. Vincent, Jr., Regional Director of the Third Region of the National Labor Relations BoardCourt of Appeals for the Second Circuit · 1967
  2. National Labor Relations Board v. Tennessee Packers, Inc., Frosty Morn DivisionCourt of Appeals for the Sixth Circuit · 1967
  3. National Labor Relations Board v. Solo Cup CompanyCourt of Appeals for the Eighth Circuit · 1956
  4. T.S.C. Motor Freight Lines, Inc. v. United StatesDistrict Court, S.D. Texas · 1960
  5. Smith Steel Workers v. A. O. Smith Corp.Court of Appeals for the Seventh Circuit · 1969

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