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203 F.2d 807

Docket No. 13349.

National Labor Relations Board v. Hazen

Ninth Circuit Court of Appeals

Decided April 28, 1953.

Ninth Circuit Court of Appeals · decided 1953-04-28

Cited by 8 later decisions — most recently April 1965

7 federal appellate · 1 district ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1953-04-28

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¶1George J. Bott, General Counsel, David P. Findling, Associate General Counsel, A. Norman Somers, Asst. General Counsel, Arnold Ordman and Robert G. Johnson, Attorneys, NLRB, Washington, D. C., Thomas P. Graham, Jr., Director, NLRB, Seattle, Wash., for petitioner.

¶2Hennessey & Curran and Harry E. Hen-nessey, Spokane, Wash., Clark & Robinson, Cincinnati, Ohio, Bassett & Geisness and George H. Davies, Seattle, Wash., for respondents.

¶3Before HEALY, BONE and POPE, Circuit Judges.

¶4PER CURIAM.

¶5 The facts in this case are reported in 95 N.L.R.B. 1034. Two questions are presented: first, whether the respondents’ business was sufficiently interstate to give the Board jurisdiction, and second, whether there was proof of the alleged unfair labor practices. We are of the opinion that the showing as to the interstate character of the business was sufficient to avoid the de minimis rule. As for the alleged unfair labor practices, we think that the threats that if the employees were organized sundry miscellaneous benefits would no longer be furnished and that vacations would be withheld evidence violation of § 8(a)(1). The record also shows a threat of discharge. Respondents assert that there was no violation of § 8(a)(3) in that the employees in question quit of their own accord and *808were not discharged. This issue relates to a question of fact which was for the Board and we cannot disturb its finding.

¶6Order enforced.

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