N. L. R. B. v. EXCHANGE PARTS COMPANY

No. 19106.

304 F.2d 368 (1962)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. EXCHANGE PARTS COMPANY, Respondent.

United States Court of Appeals Fifth Circuit.

June 22, 1962.


Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Alfred Brummel, Atty., Stuart Rothman, Gen. Counsel, Rosanna A. Blake, Atty., National Labor Relations Board, Washington, D. C., for petitioner.

Karl Mueller, Harold E. Mueller, Mueller & Mueller, Fort Worth, Tex., for respondent.

Before RIVES, BROWN and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

This case presents the question whether it is an unfair labor practice for an employer to announce benefits to employees shortly before a representation election.

In the absence of objective evidence of any taint of restraint or coercion by the employer, the benefits not being conditioned on the employees' renunciation of their right to organize or of any other rights, we hold that the announcement of employee benefits is not an unfair...

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