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07/18/69 Food Store Employees Union v. National Labor

July 18, 1969

CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFL-CIO, PETITIONER

v.

NATIONAL LABOR RELATIONS BOARD, RESPONDENT. NATIONAL LABOR RELATIONS BOARD, PETITIONER

v.

HECK'S, INC., RESPONDENT; FOOD STORE EMPLOYEES, UNION, LOCAL



Bazelon, Chief Judge and McGowan and Leventhal, Circuit Judges.

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Food Store Employees Union, Local 347, Amalgamated Meat

347, Amalgamated Meat Cutters and Butcher

Workmen of North America, AFL-CIO,

Intervenor

Nos. 21,809, 21,921 1969.CDC.223

APPELLATE PANEL:

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCGOWAN

McGOWAN, C. J.:

These cases arose out of the organizational efforts of the Food Store Employees Union, Local 347 ("Union") in the St. Albans, West Virginia, retail store of Heck's, Inc. ("Company"). The National Labor Relations Board, after an unfair labor practice proceeding, decided below that the Company had

(a) violated Section 8(a)(1) of the National Labor Relations Act

(1) by promulgating and enforcing an unlawfully broad no-solicitation rule;

(2) by interrogating and threatening its employees about their union activities;

(3) by creating the impression of surveillance of the union activities ...


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