From Casetext: Smarter Legal Research

Nat'l Labor Relations Bd. v. Tennessee Coach Co.

United States Court of Appeals, Sixth Circuit
Oct 30, 1956
237 F.2d 907 (6th Cir. 1956)

Opinion

No. 12846.

October 30, 1956.

Marcel Mallet-Prevost, Washington, D.C., Charles M. Ryan, Cincinnati, Ohio, for petitioner.

Anderson Snepp, Knoxville, Tenn., for respondent.

Before MARTIN, MILLER and STEWART, Circuit Judges.


This is a petition for enforcement of an order of the National Labor Relations Board. The only substantive question presented is whether the respondent could lawfully refuse to bargain with a union six weeks after it had been certified as bargaining representative, for the reason that a majority of the employees had signed a petition stating that they were not members of the union, "and we do not want this union, or any other organization to represent us as our collective bargaining agent."

Despite factual distinctions pointed out by the respondent, we are of the opinion that the Supreme Court's decision in Brooks v. National Labor Relations Board, 1954, 348 U.S. 96, 75 S.Ct. 176, 99 L.Ed. 125, is dispositive of the question presented. We are also of the opinion that the form and scope of the Board's order is not improper. See May Department Stores Co. v. National Labor Relations Board, 1945, 326 U.S. 376, 392-393, 66 S.Ct. 203, 90 L.Ed. 145; National Labor Relations Board v. Express Publishing Co., 1941, 312 U.S. 426, 438-439, 61 S.Ct. 693, 85 L.Ed. 930.

It is therefore ordered that the order of the National Labor Relations Board be and it hereby is enforced.


Summaries of

Nat'l Labor Relations Bd. v. Tennessee Coach Co.

United States Court of Appeals, Sixth Circuit
Oct 30, 1956
237 F.2d 907 (6th Cir. 1956)
Case details for

Nat'l Labor Relations Bd. v. Tennessee Coach Co.

Case Details

Full title:NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TENNESSEE COACH COMPANY…

Court:United States Court of Appeals, Sixth Circuit

Date published: Oct 30, 1956

Citations

237 F.2d 907 (6th Cir. 1956)

Citing Cases

Old King Cole v. National Labor Relations Bd.

The second point is disposed of by the decision of the Supreme Court in Brooks v. N.L.R.B., 1954, 348 U.S.…

In the Matter of in re Peoples Loan Inv. Co.

SEC v. United States Realty Improvement Co., 310 U.S. 434, 60 S.Ct. 1044, 84 L.Ed. 1293 (1940). SEC v.…