Corpus: 543,223 opinions · 3,177 judges · newest 2026-06-23 · expanding Coverage ↗
Opinion

c31:No. 14472

U.S. Court of Appeals for the Ninth Circuit · 1970-11-18

· GavelSight synced 2026-09-06 03:17:51

HEALY, Circuit Judge
(dissenting).
It is implicit in the majority opinion that had the distributors of union literature been employees of respondent, then enforcement as against them of respondent’s prohibitory rule would amount to an unfair labor practice. To me, the principle involved is the same whether the distributors were employees furthering the cause of unionization, or whether they were merely union representatives having the same purpose. In either event the distributors would be pursuing the same end, namely, to advise the workers at the plant of their rights under the Act and of the purported advantages of unionization.
I think the Board’s order is supported in law and that a decree of enforcement should be entered.

Passage view · GavelSight