Legal Opinion

National Labor Relations Board v. Grunwald-Marx, Inc.

Court of Appeals for the Ninth Circuit

Decided April 3, 1961No. 17023PublishedCited by 10 opinions

1Per curiam

We decline to enforce the board’s proposed order.

While one single isolated instance of a threat may be enough for an unfair labor practice under section 8(a) (1) of the National Labor Relations Act, 29 U.S. C.A. § 158(a) (1), yet the vice president’s purported threat shows no course of conduct and in the frame of the events is such that we can only regard it as de minimis.

The weakness of the case is well illustrated by the hearing examiner's conclusion that there was no threat of reprisal or force or a promise of benefit and he found support in the dissent of one member of the board.

2Cited by10 opinions

  1. National Labor Relations Board v. Tex-Tan, Inc.Court of Appeals for the Fifth Circuit · 1963
  2. The J. S. Dillon & Sons Stores Co., Inc. v. National Labor Relations BoardCourt of Appeals for the Tenth Circuit · 1964
  3. International Woodworkers of America, Afl-Cio, Local 3-10 v. National Labor Relations Board, Long Lake Lumber Company, IntervenorCourt of Appeals for the D.C. Circuit · 1967
  4. Lechmere, Inc. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1990
  5. Caribe General Electric, Inc. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1966

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