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N. L. R. B. v. DAYLIN, INC., DISCOUNT DIVISION

No. 72-2189.

496 F.2d 484 (1974)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DAYLIN, INC., DISCOUNT DIVISION, d/b/a Miller's Discount Dept. Stores, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided March 29, 1974.

Attorney(s) appearing for the Case

Lawrence Levien, Atty., N. L. R. B., Washington, D. C., for petitioner; Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Asst. Gen. Counsel, Charles N. Steele, John M. Flynn, Attys., N. L. R. B., Washington, D. C., on brief.

Milton M. Konowe, New York City, for respondent; Katz & Wolchok, New York City, on briefs.

Gerard C. Smetana, Lawrence M. Cohen, Lederer, Fox & Grove, Chicago, Ill., on brief for the American Retail Federation amicus curiae.

Before EDWARDS, McCREE and MILLER, Circuit Judges.

EDWARDS, Circuit Judge.

The National Labor Relations Board seeks enforcement of its order (reported at 198 N.L.R.B. No. 40). The Board found that respondent Daylin, Inc., had violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act, as amended, 61 Stat. 136, 73 Stat. 519, 29 U.S.C. § 151 et seq. (1970), by enforcing an illegal no-solicitation rule, by coercive interrogation of one employee, Fugate, and by discriminatorily discharging Fugate and...

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