Legal Opinion

National Labor Relations Board v. Dalton Brick & Tile Corporation

Court of Appeals for the Fifth Circuit

Decided April 13, 1962No. 18765_1PublishedCited by 24 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

The question presented here is whether, during the time bargaining for a collective bargaining contract is going on, an Employer may engage in a lockout as an economic weapon to enhance the acceptance of its, rather than the Union’s, proposed terms. The Board held it could not. We disagree and deny enforcement of the Order.

The Board, adopting fully the report of the Examiner as its own, held that the Employer by the lockout interfered with § 7 rights (including the right to strike) of the employees 1 thus committing a § 8(a) (1) unfair labor practice, 2…

2Cases cited43 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  3. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  4. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  5. Radio Officers' Union of the Commercial Telegraphers Union v. National Labor Relations BoardSupreme Court of the United States · 1954

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3Cited by24 opinions

  1. National Labor Relations Board v. BrownSupreme Court of the United States · 1965
  2. American Ship Building Co. v. National Labor Relations BoardSupreme Court of the United States · 1965
  3. Hendrix Manufacturing Company, Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1963
  4. National Labor Relations Board v. Tex-Tan, Inc.Court of Appeals for the Fifth Circuit · 1963
  5. Gulf States Manufacturers, Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1978

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