National Labor Relations Board v. J.M. Lassing

J.M. Lassing (Lassing) (defendant) operated a chain of gas and service stations. Lassing trucked gas using its own equipment and truck drivers. During the second half of 1958, faced with mounting costs, Lassing analyzed whether it should switch to a common-carrier system of gas delivery. Lassing decided to change to a common carrier as soon as anything occurred that would increase costs and, in any event, no later than April 1, 1959, when its trucking licenses expired. On January 1, 1959, three of Lassing’s drivers joined a labor union (the union) (plaintiff). The union requested recognition and a meeting for the purpose of negotiating a collective-bargaining agreement. Prior to the set meeting, Lassing terminated the three drivers, explaining to them that Lassing was going to contract with a common carrier for gas transportation. Lassing refused to recognize the union, informing the union that Lassing had previously developed a plan to change operations, which the company would now implement due to the prospect of increased payroll costs. The National Labor Relations Board (the board) found that Lassing had committed an unfair labor practice, particularly by accelerating its plans to change operations once it found out that its truck-driving employees had joined a union. The Sixth Circuit reviewed the matter.