National Labor Relations Board v. Century Moving & Storage, Inc.

FAIRCHILD, Senior Circuit Judge,

concurring in part, dissenting in part.

I respectfully dissent from the part of the opinion which denies enforcement of paragraph 1(d) and 2(a) and requires modification of the notice. In all other respects, I concur.

The decisions of the ALJ and Board are reported at 251 N.L.R.B. 83. The company does not contend they do not adequately summarize the evidentiary facts. I am persuaded that there was sufficient evidence to support the determination that the union was authorized as bargaining representative by a majority of the employees in an appropriate unit. The decision whether to order the company to bargain lay within the Board’s discretion. The statements by the ALJ and the Board in support of their decision do not seem to me to be so completely formalistic as to show that the discretion was not truly exercised.