On Petition to Review and Set Aside an Order of the National Labor Relations Board.
Before EVANS and KERNER, Circuit Judges, and WOODWARD, District Judge.
Petitioner denies that it refused to bargain collectively with the union authorized to represent the employees. Such a charge was preferred against it, and the Board found unfair labor practices, because of it. If petitioner's position be sound, the order of the Labor Board must fall. Other questions are minor.
Petitioner has recognized, and does recognize, the right of the union to represent its employees. It first demanded proof that the International Union of Mine, Mill and Smelter Workers Local #377 represented the majority of the employees. When that was furnished, it accepted the proof, and the right of said union to represent the employees was never thereafter challenged or questioned. Petitioner's position, however, is that it did, in fact and in good faith, negotiate with the Union.
Respondent's argument is based on its findings that the negotiations which petitioner conducted were not in good faith. The employer was not acting sincerely, so it asserts, and this is tantamount to not acting at all.
In support of petitioner's position it points to its record of willingness at all times to meet and negotiate. The chronological sequence of its actions in this respect are:
April 7, 1939. Union Representative Hodge told
Company Superintendent Cayia the
Union has a majority and requested
a meeting for the purpose of bargaining
collectively. Cayia agreed.
April 10. Conference of Union ...