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N. L. R. B. v. BORDEN, INC.

No. 80-1609.

645 F.2d 87 (1981)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BORDEN, INC., Borden Chemical Division, Respondent.

United States Court of Appeals, First Circuit.

Decided March 31, 1981.

Attorney(s) appearing for the Case

Joseph A. Schwachter, Pittsburgh, Pa., Atty., with whom William A. Lubbers, General Counsel, John E. Higgins, Jr., Deputy General Counsel, Robert E. Allen, Acting Associate General Counsel, Elliott Moore, Deputy Associate General Counsel, and Paul J. Spielberg, Deputy Asst. General Counsel, Washington, D. C., were on brief, for petitioner.

Robert P. Joy, Boston, Mass., with whom William F. Joy, and Morgan, Brown, Kearns & Joy, Boston, Mass., were on brief, for respondent.

Before COFFIN, Chief Judge, ALDRICH and WINTER, Circuit Judges.

COFFIN, Chief Judge.

We previously remanded this case to the NLRB for decision as to whether respondent's failure to pay vacation benefits to strikers was an unfair labor practice. NLRB v. Borden, Inc., 600 F.2d 313 (1st Cir. 1979). We now decide that substantial evidence supports the Board's decision that it was.

The collective bargaining contract in general provided that workers had to take a "vacation" before they...

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