Legal Opinion

Birmingham Ornamental Iron Company v. National Labor Relations Board

Court of Appeals for the Fifth Circuit

Decided April 17, 1980No. 79-1915PublishedCited by 19 opinions

1Opinion of the Court

TUTTLE, Circuit Judge:

This appeal tests the correctness of an NLRB certification of a bargaining agent. The issue was drawn by the union’s filing an unfair labor practice complaint, charging Birmingham Ornamental with violation of §§ 8(a)(5) and (1) of the National Labor Relations Act for refusing to bargain. Two other subsidiary issues are also to be decided: (1) Whether evidence supports the board’s determination that a request to bargain was actually sent to the employer; and (2) the validity of' a published rule against “any solicitation” on the company’s premises.

In July 1977, by…

2Cases cited14 opinions

  1. National Labor Relations Board v. Golden Age Beverage CompanyCourt of Appeals for the Fifth Circuit · 1969
  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. Smith Industries, Inc.Court of Appeals for the Fifth Circuit · 1968
  4. National Labor Relations Board v. Bata Shoe Company, Inc., United Shoe Workers of America, Afl-Cio, IntervenorCourt of Appeals for the Fourth Circuit · 1967
  5. National Labor Relations Board v. O. K. Van Storage, Inc.Court of Appeals for the Fifth Circuit · 1961

9 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. National Labor Relations Board v. Klingler Electric Corporation, Klingler Electronics Division and Klingler Manufacturing DivisionCourt of Appeals for the Fifth Circuit · 1981
  2. Cooper Tire & Rubber Company v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1992
  3. National Labor Relations Board v. The Cambridge Wire Cloth Company, Inc.Court of Appeals for the Fourth Circuit · 1980
  4. National Labor Relations Board v. New Orleans Bus Travel, Inc.Court of Appeals for the Fifth Circuit · 1989
  5. Revco D.S., Inc. And/or White Cross Stores, Inc., No. 14 v. National Labor Relations BoardCourt of Appeals for the Sixth Circuit · 1981

14 more not listed; retrieve them via the Exa API.

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