National Labor Relations Board v. Associated Dry Goods Corp. (Lord & Taylor Division)

CLARK, Circuit Judge

(dissenting).

In N. L. R. B. v. Syracuse Color Press, Inc., 2 Cir., 209 F.2d 596, we have upheld the Board in finding coercion in the pointed cross-examination of five employees as to union organizing activities within the plant. It seems to me the present case, involving persistent questioning along the same line of a single key employee, comes within essentially the same rationale. For my part I do not see a distinction of law between “the aroma of coercion” affecting one union member over a period of some months and that affecting several employees substantially all at one time. In either case there would seem to be a sound basis in the evidence from which the Board could and should draw such conclusions as in the light of its experience and responsibility it felt the circumstances to require. I would grant enforcement of the order.