April 8, 1969
NATIONAL LABOR RELATIONS BOARD, PETITIONER
JOHN S. BARNES CORPORATION, RESPONDENT. *FN* ITKIN/AVRUTIS
Before SWYGERT and FAIRCHILD, Circuit Judges, and HOFFMAN, District Judge.*fn1
Per Curiam: On June 16, 1967 the board issued an order requiring John S. Barnes Corp. to cease and desist from interfering with, restraining, or coercing its employees in the exercise of certain rights, and to post notices. 165 NLRB No. 58. The order was based upon findings and conclusions, made in the first instance by a trial examiner, that the company had engaged in unfair labor practices under sec. 8(a)(1) of the act.
The examiner found, in substance, that the distribution by the company president to certain employees of copies of their testimony in an earlier board hearing and of copies of union authorization cards which they had signed and which had been introduced in evidence at such hearing was done in a manner and under such circumstances as to be coercive and to tend to deter and inhibit employees from union activity and from giving testimony under the act.
Respondent company challenges the sufficiency of the evidence to support this finding and contends that the order impairs the company's freedom of speech under sec. 8(c) of the act.
This court has read the briefs presented, heard oral argument by counsel, considered the record, and taken the case under advisement. After conferring thereon, the court is of the opinion and accordingly holds that the finding challenged by the respondent company, as well as all other material findings, are supported by substantial evidence in the light of the record viewed as a whole and that the board is entitled to enforcement of its order. The intended and actual implications from the circumstances and manner in which the material was distributed could best be evaluated by the trier of fact, and the examiner and board could properly find there was coercive conduct, tending to inhibit the exercise of rights.
Wherefore, It Is Ordered that the petition of the board for enforcement of its order is granted, and an appropriate decree will issue in due course.