The Lundy Packing Co. v. The Nat'l Labor Relations Bd., 549 F.2d 300 (4th Cir. 1977). · Go Syfert
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The Lundy Packing Co. v. The Nat'l Labor Relations Bd., 549 F.2d 300 (4th Cir. 1977). Cases Citing This Book View Copy Cite
12 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: J. P. Stevens & Co., Inc. v. National Labor Relations Board, Amalgamated Clothing and Textile Workers Union, Afl-Cio, Clc, Petitioner/intervenor. Amalgamated Clothing and Textile Workers Union, Afl-Cio, Clc v. National Labor Relations Board, J. P. Stevens & Co., Inc., Petitioner/intervenor (ca4, 1980-12-31)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) J. P. Stevens & Co., Inc. v. National Labor Relations Board, Amalgamated Clothing and Textile Workers Union, Afl-Cio, Clc, Petitioner/intervenor. Amalgamated Clothing and Textile Workers Union, Afl-Cio, Clc v. National Labor Relations Board, J. P. Stevens & Co., Inc., Petitioner/intervenor
4th Cir. · 1980 · confidence medium
Upon review, we summarily rejected the Board's rationale, stating that "(i)n our opinion such speech constituted protected speech and may not be found to be a violation of the Act." 549 F.2d at 301. 62 Similarly, with respect to the April 5th notice which carried the caption "SIGNING AN ACTWU UNION CARD CAN HAVE SERIOUS CONSEQUENCES", the majority turns its back upon a long line of authority in this circuit.
cited Cited as authority (rule) J. P. Stevens & Co. v. National Labor Relations Board
4th Cir. · 1980 · confidence medium
Upon review, we summarily rejected the Board’s rationale, stating that “[i]n our opinion such speech constituted protected speech and may not be found to be a violation of the Act.” 549 F.2d at 301.
cited Cited "see" Overstreet v. Albertson's, LLC
D.N.M. · 2012 · signal: see · confidence high
See Lundy Packing Co., 223 NLRB 139 , 147 (1976), enfd in relevant part, 549 F.2d 300 (4th Cir.1977).
Retrieving the full opinion text from the archive…
The Lundy Packing Company
v.
The National Labor Relations Board, Local 525, Meat & Allied Food Workers Union, Amalgamated Meat Cutters and Butcher Workmen of North America, Afl-Cio, Intervenors
76-1330.
Court of Appeals for the Fourth Circuit.
Jan 26, 1977.
549 F.2d 300
Published

549 F.2d 300

94 L.R.R.M. (BNA) 2512, 80 Lab.Cas. P 11,910

The LUNDY PACKING COMPANY, Petitioner,
v.
The NATIONAL LABOR RELATIONS BOARD, Respondent, Local 525,
Meat & Allied Food Workers Union, Amalgamated Meat
Cutters and Butcher Workmen of North
America, AFL-CIO, Intervenors.

No. 76-1330.

United States Court of Appeals,
Fourth Circuit.

Argued Dec. 7, 1976.
Decided Jan. 26, 1977.

Thomas G. Greaves, III, Mobile, Ala., James M. Miles, Greenville, S.C. (Haynsworth, Baldwin & Miles, Greenville, S.C., on brief), for petitioner.

Alan Banov, Atty., N. L. R. B. (John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D.C., on brief), for respondent.

Irving M. King, Chicago, Ill. (Thomas D. Allison, Cotton, Watt, Jones, King & Bowlus, Chicago, Ill., on brief), for intervenor.

Before WINTER and RUSSELL, Circuit Judges, and FIELD, Senior Circuit Judge.

PER CURIAM.

1

In this proceeding the petitioner-employer seeks to review and set aside an order of the National Labor Relations Board finding it guilty of unfair labor practices in a number of particulars and providing certain remedial relief.[1] The Board, in turn, cross-petitions for enforcement of its order, and Local 525, Meat, Food and Allied Workers Union, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO has intervened in support of the Board.

2

We enforce the order of the Board except for its finding that the speech of the petitioner's president to the employees was "unlawfully coercive" in violation of the Act. In our opinion such speech constituted protected speech and may not be found to be a violation of the Act. NLRB v. Gissel Packing Co. (1969) 395 U.S. 575, 616-20, 89 S.Ct. 1918, 23 L.Ed.2d 547; N.L.R.B. v. Threads, Incorporated (4th Cir. 1962) 308 F.2d 1 at 8 and 9; N.L.R.B. v. Ogle Protection Service, Inc. (6th Cir. 1967) 375 F.2d 497 at 505. The other findings and conclusions of the Board, on the other hand, are supported by substantial evidence, and the order of the Board will be enforced as to them.

3

ENFORCEMENT GRANTED IN PART AND DENIED IN PART.

1

223 NLRB No. 36