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NATIONAL LABOR RELATIONS BOARD v. PROTEIN BLENDERS

No. 14937.

215 F.2d 749 (1954)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PROTEIN BLENDERS, Inc., Respondent.

United States Court of Appeals Eighth Circuit.

September 13, 1954.

Attorney(s) appearing for the Case

Arnold Ordman, National Labor Relations Board, Washington, D. C. (George J. Bott, Gen. Counsel, David P. Findling, Assoc. Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, Norton J. Come and Robert E. Miller, Attys., National Labor Relations Board, Washington, D. C., on the brief), for petitioner.

Newton L. Margulies, Des Moines, Iowa (Leo M. Baker, Harvey E. Minkler, Des Moines, Iowa, on the brief), for respondent.

Before GARDNER, Chief Judge, and JOHNSEN and COLLET, Circuit Judges.

JOHNSEN, Circuit Judge.

The National Labor Relations Board has previously declared, in a long line of decisions,1 and has adhered to that position, in the case that is now before us, that employees are absolutely privileged against any interrogation or any polling by their employer as to their union sentiment or membership.

We rejected that unqualified viewpoint, as not being legally tenable, in N. L. R. B. v. Katz Drug Co., 8...

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