Nat'l Labor Relations Bd. v. Econ. Furniture, Inc., 436 F.2d 423 (5th Cir. 1971). · Go Syfert
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Nat'l Labor Relations Bd. v. Econ. Furniture, Inc., 436 F.2d 423 (5th Cir. 1971). Cases Citing This Book View Copy Cite
19 citation events across 8 distinct courts.
Strongest positive: Roger M. Shaw and Richard A. Winn v. The Board of Trustees of the Frederick Community College, a Governmental Corporation (ca4, 1976-12-29)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Roger M. Shaw and Richard A. Winn v. The Board of Trustees of the Frederick Community College, a Governmental Corporation (2×)
4th Cir. · 1976 · signal: see · confidence high
See Kirker v. Moore, 436 F.2d 423 (4th Cir. 1971). 21 Even assuming, which we do not decide, that this case contains aspects of pure speech found compelling in Tinker and Pickering, our inquiry is limited to ascertaining whether Shaw and Winn were discharged for the assigned reasons, or whether the real motivation of the trustees involved constitutionally protected activity.
Retrieving the full opinion text from the archive…
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
ECONOMY FURNITURE, INC., Respondent
29525.
Court of Appeals for the Fifth Circuit.
Apr 14, 1971.
436 F.2d 423
Marcel Mallet-Prevost, Asst. General Counsel, N.L.R.B., Washington, D.C., Clifford Potter, Director, N.L.R.B., Houston, Tex., Allison W. Brown, Jr., N.L.R.B., Washington, D.C., for petitioner., Judith A. Lonnquist, Chicago, 111., for Upholsterers’ International Union, AFL-CIO., James J. Loeffler, Houston, Tex., for respondent.
Jones, Gewin, Clark.
Published
Reporter's Syllabus — editorial summary, not part of the Court's opinion

Application for Enforcement of an Order of the National Labor Relations Board (Texas Case)

Marcel Mallet-Prevost, Asst. General Counsel, N.L.R.B., Washington, D.C., Clifford Potter, Director, N.L.R.B., Houston, Tex., Allison W. Brown, Jr., N.L.R.B., Washington, D.C., for petitioner.

Judith A. Lonnquist, Chicago, Ill., for Upholsterers' International Union, AFL-CIO.

James J. Loeffler, Houston, Tex., for respondent.

Before JONES, GEWIN and CLARK, Circuit Judges.

PER CURIAM:

Lead Opinion

PER CURIAM:

At a consent election conducted under the supervision of the Regional Director of the National Labor Relations Board, 252 votes were cast for the Union as the bargaining agent for a unit of the employees of Economy Furniture Company, 83 votes were east against the Union and nine challenged votes were not counted. The Company refused to bargain, claiming that the election was invalid and asserted a number of contentions in support of its position. In a proceeding before the National Labor Relations Board it was decided that the Company had violated Section 8(a) (5) and (1) of the National Labor Relations Act, and it was directed to bargain with the Union. Incidental relief was granted. The Board has petitioned for the enforcement of its order.

The issues, which are predominantly factual, were resolved by the Board against the Company. There is substantial evidence on the record as a whole to sustain the Board’s findings and decision. Its order will be

Enforced.

Rehearing

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

PER CURIAM:

The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en bane, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.