No. 310. November 10, 1969, OCTOBER TERM, 1969. C.A. 5th Cir. Certiorari denied. Artie P. Stephens for petitioners. M. R. Irion for respondent. Reported below: 406 F. 2d 442.
In NLRB v. Tex-tan, Inc., 318 F.2d 472, 478 (5th Cir. 1972), the Fifth Circuit found that the union's demand that records be provided in a "organized fashion" was unreasonable and that the company's "unqualified offer" to "see and copy any of its records" met the union's rights to be provided with information.
In Continental Insurance Co. v. NLRB, 495 F.2d 44 (2d Cir. 1974), a finding of bad faith was predicated in part on (1) the company's refusal to recognize the union as the sole and exclusive bargaining representative unless the union agreed not to organize or represent other company employees, (2) the company's insistence that arbitrators of grievances be picked exclusively by the company and (3) wage, vacation and severance pay proposals substantially less generous than the benefits provided to employees before the union was certified.
In Continental Insurance the record established that, although labor policy was centralized, business activity was decentralized in some respects in that "each Branch Claims Office in question is a separate autonomous unit, enjoying complete control over the processing of the vast majority of claims.
29 U.S.C. § 151 Cited 5,109 times 35 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"