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THOMAS INDUSTRIES, INC. v. N.L.R.B.

No. 81-1222.

687 F.2d 863 (1982)

THOMAS INDUSTRIES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided September 9, 1982.

Attorney(s) appearing for the Case

Walter O. Lambeth, Jr., Elarbee, Clark & Paul, Bennet D. Alsher, Atlanta, Ga., for petitioner.

Elliott Moore, Deputy Associate Gen. Counsel, Jerry Wohlgemuth, N. L. R. B., Washington, D. C., for respondent.

Before CONTIE, Circuit Judge, BROWN, Senior Circuit Judge, and DUMBAULD, Senior District Judge.

CONTIE, Circuit Judge.

This appeal involves the question of when and how an employer may poll its employees to determine the majority status of an incumbent union. The National Labor Relations Board found that Thomas Industries, Inc. (the Company) violated section 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 151 et seq., by polling its employees and violated section 8(a)(5) of the Act by refusing to bargain with the incumbent union. In an unrelated...

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