Hoover Design Corporation v. National Labor Relations Board
HOOVER DESIGN CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent
Subsequent history: rev'd sub nom. Nat'l Labor Relations Bd. v. Scrivener, 405 U.S. 117 (1972). (read from the later opinion; check before relying)
Opinion
PER CURIAM.
Hoover Design Corporation, petitioner, seeks a review of and a vacation of a final order of the National Labor Relations Board. (Section 160(f), Title 29, U.S.C.) The Board has filed an answer requesting enforcement of its order. The Board’s Decision and Order are reported at 167 NLRB No. 62 .
The Board found that the petitioner violated Section 8(a) (1) and (4) of the Labor Management Relations Act by discharging employee Roscoe Vogt. The basis of the Board’s findings was that Vogt was discharged because he engaged in concerted activity (8(a) (1)) for the benefit of employees concerning Thanksgiving holiday compensation and because he threatened to go to the Board with his grievance (8(a) (4)).
Upon consideration of the record, the briefs and oral arguments of counsel, we conclude that there is substantial evidence to support the 8(a) (1) violation.
Section 8(a) (4), (Sec. 158(4), Title 29, U.S.C.) provides that it shall be an unfair labor practice “to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this subchapter; * * * ” We conclude as a matter of law that threatening to go to the Board or threatening to file charges with the Board does not constitute a violation of Section 8(a) (4). See NLRB v. Ritchie Mfg. Co., 354 F.2d 90 (C.A. 8). No cases have been cited to us nor have we found any that would support such a violation.
The order of the Board will be enforced with the exception of modifications 1(c) and 4 of the Trial Examiner’s recommended order.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(employee who “threatened to go to the Board” or file charges)
Cited by 8 cases
View all citing references →Relies on it most ⓘ
- Hugh H. Wilson Corporation v. National Labor Relations Board
- National Labor Relations Board v. Scrivener
- Franklin Phillips v. Interior Board of Mine Operations Appeals, Bituminous Coaloperators' Association and Kentucky Carbon Corporation
- National Labor Relations Board v. Retail Store Employees Union, Local 876, Retail Clerks International Association, Afl-Cio
- Grand Rapids Die Casting Corporation v. National Labor Relations Board
- Marshall v. Whirlpool Corp.
Most recent
- Grand Rapids Die Casting Corporation v. National Labor Relations Board
- 7 O.S.H. Cas.(bna) 1075, 1979 O.S.H.D. (Cch) P 23,334 Ray Marshall, Secretary of Labor v. Whirlpool Corporation and Empire-Detroit Steel Division, Detroit Steel Corporation, Whirlpool Corporation v. Ray Marshall, Secretary of Labor
- Marshall v. Whirlpool Corp.
- National Labor Relations Board v. Retail Store Employees Union, Local 876, Retail Clerks International Association, Afl-Cio
- Franklin Phillips v. Interior Board of Mine Operations Appeals, Bituminous Coaloperators' Association and Kentucky Carbon Corporation
- National Labor Relations Board v. Scrivener
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.