Opinion · United States Court of Appeals for the Fourth Circuit

LUNDY PACKING COMPANY v. NATL. LABOR REL. BD., 549 F.2d 300 (4th Cir. 1977)

LUNDY PACKING Co., PETITIONER v. Nat’l LABOR RELATIONSBOARD, RESPONDENT, Loc. 525, MEAT ALLIED FOOD WORKERS UNION, AMALGAMATEDMEAT CUTTERS & BUTCHER WORKMEN OF N. Am., AFL-CIO, INTERVENORS., 549 F.2d 300 (4th Cir. 1977)

Type
Opinion
Court
United States Court of Appeals for the Fourth Circuit
Jurisdiction
Federal
Date
1977-01-26
Topic
general

LUNDY PACKING COMPANY v. NATL. LABOR REL. BD., 549 F.2d 300 (4th Cir. 1977) THE LUNDY PACKING COMPANY, PETITIONER v. THE NATIONAL LABOR RELATIONSBOARD, RESPONDENT, LOCAL 525, MEAT ALLIED FOOD WORKERS UNION, AMALGAMATEDMEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFL-CIO, INTERVENORS.

Citator

UpLaw has not yet analyzed LUNDY PACKING COMPANY v. NATL. LABOR REL. BD., 549 F.2d 300 (4th Cir. 1977). The absence of a flag is not a finding that it is good law.

LUNDY PACKING COMPANY v. NATL. LABOR REL. BD.,549 F.2d 300(4th Cir. 1977)
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 December 7, 1976.
Decided January 26, 1977.
Page 301
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.
Appeal from the National Labor Relations Board.
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.1The 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 1at 8 and 9;N.L.R.B. v. Ogle Protection Service, Inc.(6th Cir. 1967)375 F.2d 497at 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. ↩