WILJEF TRANSP., INC. v. N.L.R.B.

Nos. 90-3222, 90-3358.

946 F.2d 1308 (1991)

WILJEF TRANSPORTATION, INCORPORATED, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided November 6, 1991.


Attorney(s) appearing for the Case

James H. Hanson (argued), Scopelitis, Garvin, Light & Hanson, Indianapolis, Ind., for Wiljef Transp., Inc., petitioner.

Aileen A. Armstrong, N.L.R.B., Howard E. Perlstein, argued, Appellate Court, Enforcement Litigation, Washington, D.C. Steven J. Robles, N.L.R.B., Region 25, Indianapolis, Ind. Magdalena Revuelta, N.L.R.B., Contempt Litigation Branch, Washington, D.C., William T. Little, N.L.R.B., Region 25, Indianapolis, Ind., for N.L.R.B., respondent.

Before CUDAHY and FLAUM, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


CUDAHY, Circuit Judge.

This case presents an interesting question concerning the balance between an employer's right of expression and its employees' right of association. Approximately two months before a vote on unionization, the employer, Wiljef Transportation, Inc. (Wiljef), read to its employees a corporate by-law which states:

Section 2 — Corporate Dissolution. Wiljef Transportation, Inc. hereby...

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