National Labor Relations Board v. United Biscuit Co‪.‬

Before GARDNER, Chief Judge, WOODROUGH and COLLET, Circuit Judges. GARDNER, Ch. J.: The National Labor Relations Board has petitioned for the enforcement of an order issued by it against the United Biscuit Company of America, Union Biscuit Division, requiring it to cease and desist from engaging in certain acts found by the Board to be violative of Section 8(a)(1) of the National Labor Relations Act. On August 9, 1951, Local 611, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A.F.L., filed with the Board a charge of unfair labor practices against respondent based upon which the Board issued its complaint charging that respondent had engaged and was engaging in unfair labor practices within the meaning of the National Labor Relations Act. In the complaint as amplified by a bill of particulars it was charged in substance that respondent was guilty of: (1) Threatening that those who joined the Union would not be promoted to supervisory positions. (2) Threatening to close the plant to discourage the employees from engaging in concerted activities. (3) Interrogating employees, and (4) soliciting withdrawals from the Union. At the time of hearing before the Examiner the Union which had filed the charges moved to dismiss the complaint based thereon. This motion was denied and on hearing the Examiner exonerated the respondent of the charge of threatening that those who joined the Union would not be promoted to supervisory positions and of the charge of threatening to close the plant to discourage the employees from engaging in concerted activities, but found against respondent on the other two charges. Respondent filed exceptions to the Examiner's report which the Board overruled and thereupon adopted and approved the report and issued the cease and desist order which it now seeks to have enforced.