From Casetext: Smarter Legal Research

N.L.R.B. v. Johnson's Industrial Caterers

United States Court of Appeals, Sixth Circuit
Jun 28, 1973
478 F.2d 1208 (6th Cir. 1973)

Opinion

No. 72-2083.

Argued June 11, 1973.

Decided June 28, 1973.

Elliott Moore, Asst. Gen. Counsel, N.L.R.B., Washington, D.C., John C. Getreu, Director, Region 9, N.L.R.B., Cincinnati, Ohio, John H. Ferguson, Atty., N.L.R.B., for petitioner; Peter G. Nash, Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, William F. Wachter, Atty., N.L.R.B., on brief.

Robert Sidman, Columbus, Ohio, for respondent; Joseph M. Mellious, Robert L. Sader, Mayer, Tingley, Hurd Emens, Columbus, Ohio, on brief.

Application for enforcement of an order of the National Labor Relations Board.

Before McCREE and MILLER, Circuit Judges, and NEESE, District Judge.

The Honorable C. G. Neese, United States District Judge for the Eastern District of Tennessee, sitting by designation.


This case is before the court on the application of the National Labor Relations Board for the enforcement of its order reported at 197 NLRB No. 60. Reference is made to the reported decision of the Board for a statement of pertinent facts.

Upon consideration, the court finds that the decision of the Board is supported by substantial evidence on the record as a whole. Universal Camera Corp. v. N.L.R.B., 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951).

The record discloses that the company violated §§ 8(a)(5), (3), and (1) of the Act by making unilateral changes in the working conditions of some of its employees for the purpose of undermining the union. We also determine that the Board properly denied the motion filed June 27, 1972 to reopen to take additional evidence because the matters involved would not require a result different from that reached by the Board in its decision dated June 9, 1972.

Enforcement granted.


Summaries of

N.L.R.B. v. Johnson's Industrial Caterers

United States Court of Appeals, Sixth Circuit
Jun 28, 1973
478 F.2d 1208 (6th Cir. 1973)
Case details for

N.L.R.B. v. Johnson's Industrial Caterers

Case Details

Full title:NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. JOHNSON'S INDUSTRIAL…

Court:United States Court of Appeals, Sixth Circuit

Date published: Jun 28, 1973

Citations

478 F.2d 1208 (6th Cir. 1973)

Citing Cases

Opportunity Homes v. N.L.R.B

The Board need not reopen a record to admit new evidence unless the new evidence would require a different…

N.L.R.B. v. Cutter Dodge, Inc.

The Board also correctly notes that it need not reopen the record unless the moving party has demonstrated…