International Union of Operating Engineers, Local 49 v. National Labor Relations Board (Struksnes Construction Co.)
United States Court of Appeals for the District of Columbia Circuit
353 F.2d 852 (1965)
- Written by Rose VanHofwegen, JD
Facts
International Union of Operating Engineers, Local 49 (plaintiff), began organizing at a jobsite where Struksnes Construction Co. (defendant) worked. A union representative asked for recognition as bargaining agent, claiming the union represented 20 of the company’s 26 employees. Company president Christ Struksnes denied the union had that support and circulated a petition among his employees asking, “Do you want me to bargain with and sign a contract with [the union]? Please sign your name and answer Yes or No.” Struksnes himself and two foremen asked employees to sign the poll at the end of a shift, without calling a meeting to explain the poll’s purpose or provide assurances against reprisal. Fifteen employees voted no and nine voted yes, with Struksnes and his foremen knowing how each employee voted. The union filed objections, but the National Labor Relations Board (NLRB) found that the poll was not an unfair labor practice. The union appealed.
Rule of Law
Issue
Holding and Reasoning ()
What to do next…
Here's why 804,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
