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eBook details

• Title: Southern Moldings Inc. v. National Labor Relations Board
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 08, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

We voted to reconsider en banc this unfair labor practice case primarily to decide the question of whether NLRB v. Gissel Packing Co., 395 U.S. 575, 614, 23 L. Ed. 2d 547, 89 S. Ct. 1918 (1969), should be interpreted to require the National Labor Relations Board, prior to the issuance of a bargaining order, to make explicit findings and conclusions respecting the inadequacy of a new election or other less onerous remedies for correcting unfair labor practices committed by an employer during a union election campaign. We now conclude that we lack jurisdiction of this question under Woelke & Romero Framing, Inc. v. NLRB, 456 U.S. 645, 72 L. Ed. 2d 398, 102 S. Ct. 2071 (1982), and section 10(e) of the National Labor Relations Act, 29 U.S.C. § 160(e) (1976), because this specific issue was not raised before the Board prior to its decision, or upon reconsideration. The jurisdictional issue was not raised by the NLRB before the panel of this Court whose decision, 715 F.2d 1069 (6th Cir. 1983), was vacated by our en banc order. We, therefore, must pretermit the question that we granted an en banc hearing to decide. For the same basic reasons stated by the panel decision, we find substantial evidence in the record to support the Boards unfair labor practices findings and conclusions. We also find that there is evidence from which the NLRB could find that the general test stated by the Supreme Court in Gissel for the entry of a bargaining order is satisfied. Accordingly, the Boards order is enforced.

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