Labor Board v. Fant Milling Co., 360 U.S. 301 (1959)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

A union which had been certified by the National Labor Relations Board as the exclusive collective bargaining representative for a unit of respondent’s employees filed a charge with the Board alleging that respondent had violated § 8(a)(5) of the Act by refusing to bargain collectively with the union, but the Regional Director declined to issue a complaint on the ground that the evidence was insufficient. Later, respondent unilaterally granted a general wage increase and notified the union that it was withdrawing its recognition and would not bargain further with it. In the light of these additional facts, and although no amended charge was filed, the Board issued a complaint, held hearings, found that respondent had refused to bargain collectively, and issued an appropriate order.

Held: in finding a refusal to bargain collectively, the Board was not precluded from considering conduct on the part of the employer which was related to that alleged in the charge and grew out of it while the proceeding was pending before the Board. National Licorice Co. v. Labor Board, 309 U.S. 350. Pp. 301-309.

258 F.2d 851 reversed.