Opinion
No. 73-1148.
Argued September 7, 1973.
Decided September 20, 1973.
Warren Cox Ogden, Jr., Atty., with whom Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Asst. Gen. Counsel and Robert Sewell, Atty., Washington, D.C., were on brief, for petitioner.
George A. Burnstein, Philadelphia, Pa., with whom Kleinbard, Bell Brecker, Philadelphia, Pa., was on brief, for respondent.
The findings of the Board that the Bedford Discounters, Inc. violated the National Labor Relations Act, 29 U.S.C. § 151 et. seq. §§ 8(a)(1) by engaging in threats of reprisal, coercive interrogation, promises and grants of benefits and 8(a)(3) and (1) in discharging employees because of their union activity are amply supported by the record as a whole. Further, because the Board's findings are clearly supported, we cannot regard the company's resistance thereto as anything but frivolous: "Some penalty should attach to taking up our time with such a meritless contention." N.L.R.B. v. Smith Wesson, 424 F.2d 1072, 1073 (1st Cir. 1970). Application for enforcement of the order of the National Labor Relations Board is granted and pursuant to FRAP 38 the Board will recover, in addition to its regular costs, the sum of $250 for expenses.