National Labor Relations Board v. Heck's Inc.

CRAVEN, Circuit Judge

(concurring and dissenting):

I concur in the decision of the court with respect to the § 8(a) (1) and § 8(a) (3) violations. I dissent from the court’s refusal to accept as supported by substantial evidence the Board’s determination of a violation of § 8(a) (5). I find it incredible that an employee of this anti-union company could doubt his ability to obtain protection from the tyranny of a union-sympathizing supervisor. Indeed, the record strongly suggests that an employee needed only to report to top management such a supervisor to secure the latter’s dismissal. In any event, such questions, it seems to me, are for Board determination, and I would enforce the Board’s order requiring the company to bargain.