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National Labor Relations Board v. Davis Transport, Inc.

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DAVIS TRANSPORT, INC., Respondent

Nat'l Labor Relations Bd. v. Davis Transp., Inc., 433 F.2d 363 (6th Cir. 1970)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
October 16, 1970
Docket
No. 20176_1
Judges
Phillips, Peck, Brooks
Citations
433 F.2d 36375 L.R.R.M. (BNA) 25121970 U.S. App. LEXIS 6895

Opinion — Per Curiam

PER CURIAM ORDER.

The National Labor Relations Board seeks enforcement of its orders issued *364 against the respondent, Davis Transport, Inc. The Board’s Decision and Order issued on January 31, 1968, is reported at 169 N.L.R.B. No. 80 and its Supplemental Decision and Order issued on January 27, 1970, is reported at 180 N.L.R.B. No. 148. The Board found violations of Section 8(a) (1) of the Act due to the respondent threatening its employees with reprisals, soliciting their withdrawal from the union and promising benefits for withdrawal. It was also found that Section 8(a) (3) and (1) were violated because certain employees were discharged by the respondent because of their union membership.

In this Court the respondent has abandoned its opposition to most of the Board’s findings of unfair labor practices and now contends only that the Board erroneously found that the respondent violated Section 8(a) (5) and (1) of the Act by refusing to bargain with the union. The crucial issue is whether the Board abused its discretion in determining what employees constituted an appropriate bargaining unit. We conclude that the Board has articulated substantial reasons for its determination of the appropriate bargaining unit which are supported by substantial evidence on the record as a whole.

Therefore, it is ordered that the orders of the Board be enforced.

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1978: 119782026peak 1978 · 1

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